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New Pathways to Civil Justice in Europe: Challenges of Access to Justice

New Pathways to Civil Justice in Europe: Challenges of Access to Justice

Author: Xandrlexandre Kramer; A. Biard; Jos Hoevenaars; Erlis Themeli
Publisher: Springer-Verlag
ISBN: 9783030666361
Published In: October 2021
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights.

The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech.

Introduction: The Future of Access to Justice - Beyond Science Fiction by Alexandre Biard, Jos Hoevenaars, Xandra Kramer & Erlis Themeli

Part I - Digitalisation and AI:

The Human Control over Autonomous Robotic Systems: What Ethical and Legal Lessons for Judicial Uses of AI? by Daniele Amoroso & Guglielmo Tamburrini

Court Information Technology: Hypes, Hopes and Dreams by Dory Reiling.- The Computer as the Courtroom: How Will Artificial Intelligence Affect Judicial Processes? by Nicolas Vermeys

Part II - Privatisation and ADR:

Delivering Justice by Christopher Hodges

Trust and Transparency and the Ombuds: Justice Behind Closed Doors? by Lewis Shand Smith

CDR in Belgium: The Special Place of the Belgian Residual ADR Body by Pieter-Jan de Koning

How to Avoid a Trial: In Praise of ADR and Ombudsmen by Frederique Coffre & Pierre-Laurent Holleville

Analysis - Defiances - Reflections in Germany by Stefan Weiser & Felix Braun

Part III - Self Representation:

Self-representation and the Courts: Some Policy Observations from the Netherlands by Paulien van der Grinten

With and Without Lawyers: Empirical Research on Legal Representation in Dutch Civil Court Cases by Roland Eshuis

Justice Without Lawyers by John Sorabji

Part IV - Court Specialisation:

The Pros and Cons of Judicial Specialization by Elisabetta Silvestri

International Commercial Courts: Specialised Courts? by Marta Requejo Isidro

Anti-Specialisation Trends in Dispute Resolution or a Shift Towards a New Paradigm? An Initial Exploratory Analysis of Dispute Resolution in the Global Village by Ianika Tzankova

Part V - Concluding Remarks:

Constituting a Civil Legal System Called "Just": Law, Money, Power, and Publicity by Judith Resnik