Designing mediation for Scottish Civil Courts: Options and opportunity

2021 ◽  
pp. 205556362110247
Author(s):  
Margaret L Ross
Keyword(s):  
System Design ◽  
Justice System ◽  
Civil Justice ◽  
Policy Context ◽  
Dispute System ◽  
Dispute System Design ◽  
Civil Justice System ◽  
Civil Courts ◽  
Resolution Processes ◽  
The Impact

In this article, the author examines whether the dispute resolution processes proposed in 2019 for civil courts in Scotland are suitable for the context of civil justice in Scotland in 2020 and the future. They are measured according to the policy context, what is known about the purposes of litigation, dispute system design and the needs and cultures of an adversarial civil justice system currently grappling with the impact of coronavirus restrictions.

Why the Haves Come Out Further and Further Ahead: The Repeat Player Effect, Control over Dispute System Design, and Justice

2021 ◽  
pp. 290-294
Author(s):  
Lisa Blomgren Amsler
Keyword(s):  
High School ◽  
System Design ◽  
Women's College ◽  
Ancient Greek ◽  
Senior Year ◽  
Dispute System ◽  
Dispute System Design

Let’s start at the beginning of the yellow brick road that led to the Repeat Player Effect paper. I skipped my senior year of high school to attend a women’s college (Smith) and double-majored in ancient Greek and philosophy, on account of which (cf. Sleepless in Seattle...

Compliance Problems and Digitizing Case Management in England and Wales

2020 ◽  
pp. 153-178
Author(s):  
John Sorabji
Keyword(s):  
Artificial Intelligence ◽  
Case Management ◽  
Civil Procedure ◽  
Civil Justice ◽  
Reform Programme ◽  
Effective Operation ◽  
Compliance Problem ◽  
Civil Justice System ◽  
Civil Courts ◽  
Potential Use

Compliance with case management orders has been a hidden problem undermining the effective operation of the Civil Procedure Rules. The focus of academic critique has, however, been on the adverse consequences to their effective operation of non-compliance with such orders. This chapter considers this unexamined problem of case management: the compliance problem. It first examines the nature of the compliance problem, placing it within the context of the wider and substantially explored problem of non-compliance; the latter having formed a major limb of Zuckerman’s critique of English civil procedure. It then explores how current and potential future reforms to the English civil justice system arising from HMCTS reform programme, the Civil Courts Structure review, digitization and the potential use of artificial intelligence (AI) could overcome this unexplored problem.

scholarly journals The new Civil Procedure Rules. 1. The process of dispute resolution and litigation

2000 ◽  
Vol 6 (2) ◽  
pp. 153-158 ◽  
Author(s):  
Keith Rix
Keyword(s):  
Dispute Resolution ◽  
Justice System ◽  
Expert Witness ◽  
Civil Procedure ◽  
Previous Article ◽  
Civil Justice ◽  
England And Wales ◽  
Key Points ◽  
Civil Justice System

In the second of my previous two articles on the role of the expert witness, I anticipated the implementation of Lord Woolf's proposed reforms to the civil justice system in England and Wales (Rix, 1999). These changes came into effect on 26 April 1999 and they represent the most radical changes to the civil justice system for a hundred years. In the previous article, it was not possible to do more than list a few of the key points relevant to experts. The purpose of this article is to describe the changes in detail and show how they will, or can be expected to, affect the role of the expert.

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