NCJ Number
61157
Editor(s)
M CAPPELLETTI,
J WEISNER
Date Published
1978
Length
934 pages
Annotation
THIS TWO-BOOK VOLUME INCLUDES TWO ESSAYS AND NINE CASE STUDIES ON TECHNIQUES AND INSTITUTIONS VARIOUS COUNTRIES HAVE DEVELOPED TO REMOVE BARRIERS TO ACCESS TO JUSTICE BY ALL TYPES OF CITIZENS.
Abstract
IT IS THE SECOND OF FOUR VOLUMES PUBLISHED BY THE FLORENCE, ITALY, ACCESS TO JUSTICE PROJECT, SPONSORED BY THE FORD FOUNDATION, THE ITALIAN RESEARCH COUNCIL, AND THE ITALIAN MINISTRY OF EDUCATION. A MAIN GOAL OF THE PROJECT WAS TO AID POLICYMAKERS IN DEVELOPING OR REFORMING INSTITUTIONS AND TECHNIQUES BY IDENTIFYING PROMISING APPROACHES USED IN OTHER COUNTRIES. THE GENERAL ESSAYS IN THIS VOLUME EXAMINE THE SOCIAL AND HISTORICAL CONTEXT OF ACCESS TO JUSTICE REFORMS AS WELL AS HOW THE CHARACTERISTICS OF THE MODELS DISCUSSED CAN MEET THE GOALS OF REFORM. THE FIRST THREE MODELS REPRESENT MEDIATION AND CONCILIATION ALTERNATIVES TO ADJUDICATION. CASE EXAMPLES INCLUDE THE NEIGHBORHOOD OR SOCIAL COURTS IN POLAND, THE SCHIEDSMANN, OR LOCAL CONCILIATOR, IN GERMANY, AND THE LOCAL, MULTIPLE-FUNCTION LEGAL ADVICE AND MEDIATION AGENCY USED IN HAMBURG, WEST GERMANY. NEXT, REFORM OF REGULAR COURT PROCEDURE IS EXEMPLIFIED BY TWO GERMAN INSTITUTIONS: THE STUTTGART MODEL OF CIVIL PROCEDURE, AND THE RECHTSPFLEGER, A PARAJUDGE WITH BROAD CIVIL COURT RESPONSIBILITIES. THIRD, THREE MODELS OF SMALL CLAIMS AND CONSUMER DISPUTE RESOLUTION ARE DESCRIBED, INCLUDING THE SWEDISH PUBLIC COMPLAINTS BOARD, SMALL CLAIMS ARBITRATION IN ENGLAND AND WALES, AND AUSTRALIA'S SMALL CLAIMS PROCEDURES AND TRIALS. FINALLY, THE POSSIBILITIES AND LIMITS OF GOVERNMENTAL ACTION TO ENFORCE RIGHTS OF DIVERSE INTERESTS ARE EXAMINED IN A COMPARATIVE ANALYSIS. TABLES, DIAGRAMS, FIGURES, FOOTNOTES, METHODOLOGICAL DESCRIPTIONS, AND BIBLIOGRAPHIES ARE INCLUDED. FOR RELATED STUDIES IN THIS AND RELATED VOLUMES, SEE NCJ 61158-61184. (CFW)