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Civil Justice in CrisisComparative Perspectives of Civil Procedure$
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Adrian Zuckerman

Print publication date: 1999

Print ISBN-13: 9780198298335

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298335.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 April 2021

Civil Justice: Access, Cost, and Expedition. The Netherlands

Civil Justice: Access, Cost, and Expedition. The Netherlands

(p.442) 14 Civil Justice: Access, Cost, and Expedition. The Netherlands
Civil Justice in Crisis

Erhard Blankenburg

Oxford University Press

This chapter starts with a description of the Dutch system of civil procedure. It then discusses Dutch courts and caseload issues, specific social institutions and the related proceedings, litigation avoidance in Dutch society and culture, patterns of litigation in a litigation-avoiding society, procedural issues, the legal profession, and alternative modes of dispute resolution. Overall, the Netherlands experiences less litigation, and fewer problems with court congestion, than its neighbours, not because there is no demand for litigation, but because the supply side of the legal profession and social institutions have responded to the existing incentives to create alternatives to the court process that work better and faster at less cost to the litigant.

Keywords:   civil procedure, procedural reform, civil litigation, Dutch civil justice, alternative dispute resolution, litigation avoidance

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