Frontiers in Civil Justice

This truly topical book explores three new frontiers on the route to an efficient, cost-effective, and fair dispute resolution system adjusted to the needs of the 21st century. One of the most innovative teams of European researchers led by Xandra Kramer continues to build bridges between the old topic of access to justice and exciting contemporary challenges. -- Alan Uzelec, Zagreb University, Croatia Frontiers in Civil Justice is the fruit of a five-year project examining innovation and access to justice. Ranging from ADR, to digital justice and AIs potential role in delivering justice, to the perennial topic of collective redress, each chapter is insightful and thought-provoking. This is a richly detailed work that repays careful study. -- John Sorabji, University College London, UK Frontiers in Civil Justice provides a fulsome account of contemporary European directives, initiatives, and case law aiming to revamp the modes by which claimants can seek remedies. Readers learn of an array of initiatives from funding for collective redress to mandates that individuals use web-based alternatives to courts. The authors illuminate debates about whether and how these innovations can produce fair decisions and about how the public will be able to understand their import and impact. -- Judith Resnik, Yale Law School, US

Edited by Xandra Kramer, Professor of Private Law, Erasmus School of Law, Erasmus University Rotterdam and Professor of Private International Law, Utrecht University, Jos Hoevenaars, Betul Kas Postdoc Researchers, Erasmus School of Law, Erasmus University Rotterdam and Erlis Themeli, Faculty of Law, T.M.C. Asser Instituut, the Netherlands

Contents: Preface xii 1 Frontiers in civil justice privatising, digitising and funding justice 1 Xandra Kramer, Jos Hoevenaars and Erlis Themeli PART I ADR AND THE COURTS SHAPING THE INTERACTION BETWEEN PUBLIC AND PRIVATE JUSTICE 2 The untapped potential of a structured interaction between courts and ADR for the resolution of consumer disputes in the EU 22 Betul Kas 3 Formal and informal justice in Belgium 40 Stefaan Voet 4 Formulating a more principled approach to ADR within the English civil justice system 61 Masood Ahmed 5 Alternative dispute resolution, justice and accountability in Norwegian civil justice 81 Anna Nylund PART II DIGITSING PRIVATE AND PUBLIC JUSTICE 6 The frontiers of digital justice in Europe 102 Erlis Themeli 7 AI and access to justice: An expansion of Adrian Zuckermans findings 121 Nicolas Kyriakides, Anna Plevri and Yomna Zentani 8 Automating due process the promise and challenges of AI-based techniques in consumer online dispute resolution 142 Martin Ebers 9 E-negotiation in the EU: Current experiences, challenges, and new scenarios 169 Marco Giacalone and Seyedeh Sajedeh Salehi 10 Unpacking content moderation: The rise of social media platforms as online civil courts 193 Catalina Goanta and Pietro Ortolani 11 Access to digital justice: In search of an effective remedy for removing unlawful online content 218 Naomi Appelman, Joanna van Duin, Ronan Fahy, Joris van Hoboken, Natali Helberger and Brahim Zaroual PART III COLLECTIVISING AND MONETISING CIVIL LITIGATION 12 Dutch collective actions and the rise of entrepreneurial actors: Navigating between access to justice and a claim culture 239 Ilja Tillema 13 German collective actions is litigation funding in a dead end? 260 Astrid Stadler 14 Transparency and oversight of class actions funding in Canada 277 Catherine Pich Index