NCJ Number
61132
Editor(s)
M CAPPELLETTI,
B GARTH
Date Published
1978
Length
1104 pages
Annotation
IN THIS FIRST OF FOUR VOLUMES EXAMINING CITIZENS' ACCESS TO DISPUTE RESOLUTION MECHANISMS THROUGHOUT THE WORLD, 23 INTERNATIONAL REPORTS ARE PRESENTED ON LITIGATION COSTS AND APPROACHES TO REDUCE SUCH COSTS.
Abstract
THESE REPORTS, WHICH ARE PREPARED IN RESPONSE TO A DETAILED QUESTIONNAIRE (PRESENTED IN THIS VOLUME), ADDRESS CONCERNS IN WESTERN EUROPE, EASTERN EUROPE, THE SOVIET UNION, LATIN AMERICA, AUSTRALIA, CANADA, CHINA, INDONESIA, ISRAEL, JAPAN, AND THE UNITED STATES. ALL REPORTS WERE PREPARED OR SUPERVISED BY LEADING PROCEDURAL SCHOLARS OF THE VARIOUS COUNTRIES. THEY CONTAIN INFORMATION ON THE COSTS OF LITIGATION ACCESS AND THE MECHANISMS BEING USED TO IMPROVE ACCESS TO JUSTICE IN EACH NATION. THE QUESTIONNAIRE, WHICH HAS DETERMINED THE CONTENT OF EACH REPORT, DELVES INTO THE DETAILS OF LITIGATION COSTS AND EXPLORES THE EXISTENCE AND NATURE OF THE FOLLOWING PROCEDURES FREQUENTLY USED TO INCREASE CITIZENS' ACCESS TO DISPUTE RESOLUTION MECHANISMS: (1) APPROACHES DESIGNED TO REDUCE LITIGATION COSTS WITHIN THE FORMAL JUDICIAL MACHINERY; (2) APPROACHES INTENDED TO REDUCE COSTS BY PROVIDING FORUMS FOR DISPUTE RESOLUTION OUTSIDE THE FORMAL JUDICIAL MACHINERY; (3) APPROACHES AIMED AT REDUCING THE COSTS OF RESOLVING CERTAIN CATEGORIES OF DISPUTES BY MODIFICATIONS IN THE SUBSTANTIVE LAW; AND (4) RESOLUTION OF DISPUTES INVOLVING GROUP, COLLECTIVE AND PUBLIC INTERESTS. DATA ON THE VARIOUS METHODS AND APPROACHES PROVIDE A PERSPECTIVE ON THE WORLD SITUATION IN THE AREAS COVERED BY THE QUESTIONNAIRE AND SHOW COMMON PROBLEMS AND THE GROWING MOVEMENT TO CONFRONT THE ISSUES RAISED. THIS MOVEMENT, AIMED AT INCREASING CITIZENS' ACCESS TO JUSTICE, IS CONSIDERED IN A GENERAL REPORT IN THIS VOLUME, AS IT EXAMINES MAJOR BARRIERS TO EFFECTIVE ACCESS AND EXPLORES THE MAJOR THRUSTS OF REFORM TO INCREASE ACCESS. FOOTNOTES ARE PROVIDED. (RCB)