Courts and Procedure

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

Edited by Xandrlexandre Kramer · A. Biard · Jos Hoevenaars · Erlis Themeli
Springer-Verlag October 2021

Specifications

ISBN-13
9783030666361
Publisher
Springer-Verlag
Publication
October 2021
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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.

Table of Contents

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
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