Public and Private Justice

The present book is unique in its kind. It brings together views and ideas regarding dispute resolution in modern societies from some old, some new and some future Member States of the European Union. The authors of this book address the delivery of justice by the state courts and alternative dispute resolution from different perspectives. The underlying assumption of the book is that both types of dispute resolution mechanisms public justice and private justice collaborate and contribute to the same goal, i.e. the establishment of a fair and effective justice system. The main focus of this book is on the presentation of current developments in the national justice systems of various European countries and their comparison and evaluation. Particular emphasis is put on legal, political and economic processes in the transition and post-transition countries. The underlying idea is to analyze not only the norms, laws and regulations, but also the role and the actual functioning of the law and its institutions. The texts in this book approach dispute resolution in an interdisciplinary manner. They analyze the role and functioning of the law and its institutions as mechanisms for the regulation of social conflicts in present-day Europe. In understanding the contemporary problems, this book also offers a historic perspective on the development of dispute resolution, as well as a legal and sociological analysis of contemporary issues in the administration of justice. Examples of topics that are addressed are the effectiveness of the justice system, the challenges of justice reform, the right to a trial within reasonable time, appropriate legal aid facilities, and the effects of mediation rules and practices. The contributors of this book include academics and legal professionals (judges, mediators, experts involved in justice reform projects and other lawyers) from a number of countries, each bringing his or her own particular expertise and experience.