NCJ Number
61154
Editor(s)
J YABLON
Date Published
1978
Length
23 pages
Annotation
PROCEDURES FOR ASSURING CITIZENS' ACCESS TO DISPUTE RESOLUTION MECHANISMS IN SWEDEN ARE DISCUSSED.
Abstract
THE SMALL CLAIMS ACT OF 1974 REDUCES COSTS IN NONFAMILY CIVIL CASES WHEN THE DISPUTED AMOUNT IS NO MORE THAN $2,425. OTHER CASES, TREATED ACCORDING TO THE GENERAL RULES OF THE CODE OF JUDICIAL PROCEDURE, ARE NOT REGULATED IN A MANNER WHICH GUARANTEES A REASONABLE RELATIONSHIP BETWEEN THE SUBJECT MATTER AND COURT COSTS. IN PRACTICE, HOWEVER, COSTS OF COUNSEL ARE REDUCED IN CERTAIN CASES, NOTABLY CRIMINAL CASES AND DIVORCE SUITS, TO WITHIN A LIMIT OF ABOUT $44 PER HOUR. GENERALLY, THE LEGAL AID ACT OF 1972 IS INTENDED TO INSURE THAT LEGAL AID IS PROVIDED TO ALL CITIZENS NEEDING ASSISTANCE IN LEGAL MATTERS. APPROACHES INTENDED TO REDUCE THE COST OF FORMAL COURT PROCESSING ARE (1) ACCOMODATING PROCEDURE TO THE TYPE OF CASE PRESENTED, (2) COLLECTION OF CERTAIN TYPES OF DEBTS THROUGH WRITTEN INSTRUMENTS, (3) AN EXPEDITIOUS PROCESS FOR COMPELLING PAYMENT OF AN UNCONTESTED DEBT OBLIGATION,(4) A SPECIAL PROCEDURE FOR LABOR DISPUTES, (5) COURTS OF SPECIAL JURISDICTION, AND (6) CONCILIATION AND SETTLEMENT MECHANISMS. DISPUTE RESOLUTION MECHANISMS OUTSIDE THE FORMAL JUDICIAL PROCESS INCLUDE THE COUNTY RENT TRIBUNAL, HANDLING DISPUTES OVER RENT CONTRACTS; EXECUTION AUTHORITIES, PROVIDING MEASURES BY WHICH APPROPRIATE OFFICIALS MAY DECIDE AND ENFORCE CERTAIN CLAIMS; AND ARBITRATION BOARDS. IMPORTANT CHANGES IN SUBSTANTIVE LAW, PARTICULARLY THE NEW MARRIAGE CODE, HAVE ALSO CONTRIBUTED TO SIMPLIFICATION AND COST REDUCTION. RESOLUTION OF DISPUTES INVOLVING GROUP, COLLECTIVE, AND PUBLIC INTERESTS IS POSSIBLE THROUGH JOINDER OF CLAIMS, JOINDER OF PARTIES, AND THROUGH COURT ACTION IN THE AREAS OF LABOR LAW AND CONSUMER PROTECTION LAW. FOOTNOTES ARE PROVIDED. (RCB)