NCJ Number
52366
Date Published
1978
Length
6 pages
Annotation
SMALL CLAIMS COURTS AND ENVIRONMENTAL COURTS IN ENGLAND, FRANCE, SWEDEN, AND JAPAN ARE DISCUSSED, AS WELL AS OTHER ALTERNATIVE DISPUTE-SETTLEMENT DEVICES THAT ARE USED IN FOREIGN COUNTRIES FOR REDUCING COURT COSTS AND TIME.
Abstract
IN 1973, GREAT BRITAIN ESTABLISHED A REVISED COUNTY COURT SYSTEM WITHIN THE EXISTING COURT STRUCTURE FOR PROTECTING SMALL OR MODEST CLAIMS THAT UTILIZED PRETRIAL REVIEW TO REDUCE EXPENSES TO LITIGANTS. THE SMALL CLAIMS COURTS OPERATING IN MANCHESTER AND WESTMINISTER (ENGLAND) ARE A FURTHER EXTENSION OF THE SMALL COURT EXPERIMENT. FRANCE HAS IMPLEMENTED TWO EXPERIMENTAL PROGRAMS INCLUDING COURTS TO SETTLE BOTH SIMPLE CLAIMS AND CONSUMER CLAIMS. THE 'CONCILIATEURS' WHO PRESIDE IN THE COURTS PROPOSE SOLUTIONS AND PROMOTE AGREEMENTS BUT DO NOT HOLD SANCTIONING POWER. SWEDEN HAS DEVELOPED HIGHLY INTEGRATED ADMINISTRATIVE AND JUDICIAL INSTITUTIONS FOR PROTECTING SMALL CLAIMANTS, INCLUDING THE PUBLIC COMPLAINTS BOARD AND THE SMALL CLAIMS COURT. LEGALLY TRAINED PERSONNEL ASSIST CLAIMANTS IN INITIATING AND CARRYING OUT PROCEEDINGS. THE COMMISSION FOR THE SETTLEMENT OF ENVIRONMENTAL DISPUTES IN JAPAN HEARS COMPLAINTS AND MAY CONDUCT AN EXPERT TECHNICAL INVESTIGATION AT ITS OWN EXPENSE. THE COMMISSION USES A VARIETY OF DISPUTE-RESOLVING METHODS INCLUDING CONCILIATION AND ARBITRATION. ADDITIONAL ALTERNATIVES SYSTEM INCLUDE THE FEDERAL REPUBLIC OF GERMANY'S LEGAL ADVICE AND MEDIATION CENTER, THE CANADIAN RENTALSMAN, THE POLISH SOCIAL CONCILIATION COMMISSION, AND NEIGHBORHOOD JUSTICE CENTERS IN THE U.S. NOTES ARE PROVIDED. (DAG)