Full Description
This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitization of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.
With perspectives from an impressive selection of contributors the book takes on a pan-European perspective and zooms in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. It includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds.
Addressing these key issues in the current European debate on civil justice, this book will be an ideal read for academics and policy makers interested in the most recent frontier developments and innovations. Legal practitioners will also benefit from the insight into complex topics such as litigation funding, legal conflicts in a digital age, and resolving disputes in a private setting.
Contents
Contents:
Preface xii
1 Frontiers in civil justice - privatising, digitising and
funding justice 1
Xandra Kramer, Jos Hoevenaars and Erlis Themeli
PART I ADR AND THE COURTS - SHAPING THE
INTERACTION BETWEEN PUBLIC AND
PRIVATE JUSTICE
2 The untapped potential of a structured interaction between
courts and ADR for the resolution of consumer disputes in the EU 22
Betül Kas
3 Formal and informal justice in Belgium 40
Stefaan Voet
4 Formulating a more principled approach to ADR within
the English civil justice system 61
Masood Ahmed
5 Alternative dispute resolution, justice and accountability in
Norwegian civil justice 81
Anna Nylund
PART II DIGITSING PRIVATE AND PUBLIC JUSTICE
6 The frontiers of digital justice in Europe 102
Erlis Themeli
7 AI and access to justice: An expansion of Adrian
Zuckerman's findings 121
Nicolas Kyriakides, Anna Plevri and Yomna Zentani
8 Automating due process - the promise and challenges of
AI-based techniques in consumer online dispute resolution 142
Martin Ebers
9 E-negotiation in the EU: Current experiences, challenges,
and new scenarios 169
Marco Giacalone and Seyedeh Sajedeh Salehi
10 Unpacking content moderation: The rise of social media
platforms as online civil courts 193
Catalina Goanta and Pietro Ortolani
11 Access to digital justice: In search of an effective remedy
for removing unlawful online content 218
Naomi Appelman, Joanna van Duin, Ronan Fahy, Joris
van Hoboken, Natali Helberger and Brahim Zaroual
PART III COLLECTIVISING AND MONETISING CIVIL
LITIGATION
12 Dutch collective actions and the rise of entrepreneurial
actors: Navigating between access to justice and a claim culture 239
Ilja Tillema
13 German collective actions - is litigation funding in a dead end? 260
Astrid Stadler
14 Transparency and oversight of class actions funding in Canada 277
Catherine Piché
Index
