Overview

The programme aims to evaluate all options for dispute resolution in a European state, and to propose new frameworks and solutions. It encompasses a comparative examination of procedural, funding and other mechanisms within civil justice systems, including alternative dispute resolution systems.  It aims to analyse the principles and procedures that should, or do apply, and to evaluate effectiveness and outcomes.  The project is significant in the context of an increasing amount of change in European national civil justice systems, notably in relation to:

• the reform of civil procedure rules;
• the spread of collective, representative, class or group action mechanisms, whether for damages or injunctive relief, including the use of private law remedies as adjuncts to the enforcement of public law regulation;
• developments in funding mechanisms for civil claims, such as legal aid, contingency fees, conditional fee agreements, third party litigation funding, insurance support and capital investment in law firms and legal service providers;
• the spread of small claims and alternative dispute resolution mechanism, including ombudsmen, business codes of practice, regulatory assistance, compensation schemes and other techniques.

The programme also involves research into substantive EU liability law, notably consumer and product liability law, harmonization of laws in the European Union, and in particular the changes taking place in the new Member States of Central and Eastern Europe.