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New Pathways to Civil Justice in Europe

Challenges of Access to Justice

  • Book
  • © 2021

Overview

Editors:
  1. Xandra Kramer

    1. School of Law, Erasmus University Rotterdam, Rotterdam, The Netherlands

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  2. Alexandre Biard

    1. School of Law, Erasmus University Rotterdam, Rotterdam, The Netherlands

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  3. Jos Hoevenaars

    1. School of Law, Erasmus University Rotterdam, Rotterdam, The Netherlands

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  4. Erlis Themeli

    1. School of Law, Erasmus University Rotterdam, Rotterdam, The Netherlands

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  • Offers a valuable reference source for readers seeking multidisciplinary perspectives on on-going and emerging developments in civil justice systems, European procedural law and access to justice

  • Brings together leading experts from several jurisdictions, including legal researchers, representatives of Ministries of Justice and national ombudspersons

  • One of the very first books to systematically discuss new facets of access to justice

  • Open access chapters

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Table of contents (16 chapters)

  1. Front Matter

    Pages i-viii
    Download chapter PDF

  2. Introduction: The Future of Access to Justice—Beyond Science Fiction

    • Alexandre Biard, Jos Hoevenaars, Xandra Kramer, Erlis Themeli
    Pages 1-20Open Access

  4. Privatisation and ADR

    1. Front Matter

      Pages 81-81
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    2. Delivering Justice

      • Christopher Hodges
      Pages 83-112

    3. Trust and Transparency and the Ombuds: Justice Behind Closed Doors?

      • Lewis Shand Smith
      Pages 113-130

    4. CDR in Belgium: The Special Place of the Belgian Residual ADR Body

      • Pieter-Jan De Koning
      Pages 131-148

    5. How to Avoid a Trial: In Praise of ADR and Ombudsmen

      • Frédérique Feriaud, Pierre-Laurent Holleville
      Pages 149-154

    6. Analysis–Defiances–Reflections in Germany

      • Stefan Weiser, Felix Braun
      Pages 155-184
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Keywords

About this book

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.

The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.




Editors and Affiliations

  • School of Law, Erasmus University Rotterdam, Rotterdam, The Netherlands

    Xandra Kramer, Alexandre Biard, Jos Hoevenaars, Erlis Themeli

About the editors

​Xandra Kramer is Professor of Private Law at Erasmus School of Law, Erasmus University Rotterdam and Professor of Private International Law at Utrecht University. 

Alexandre Biard is researcher at the Erasmus School of Law, Erasmus University Rotterdam and works at a consumer organization in Brussels. 

Jos Hoevenaars is postdoc researcher at the Erasmus School of Law, Erasmus University Rotterdam, part of the ERC funded ‘Building EU civil justice’ project, working on Self-Representation in Civil Justice. 

Erlis Themeli is postdoc researcher at Erasmus University Rotterdam, part of the ERC funded ‘Building EU civil justice’ project, working on Digitisation and AI. 


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