WG Civil Justice and Dispute Resolution

Documenting its Origins – A Note Published in RCSL NL 2008-1

This is one of the newest Working Groups, created during the Berlin meeting in 2007. The group originally started as an International Research Collaborative for the Berlin meeting. The WG organized its sessions for the first time at the Berlin meeting. The titles of the sessions are as follows:

1. New Insights on Disputing Behavior (Featured Session) 2. Public Attitudes toward Advice Providers and the Court 3. Comparing Roles of Lawyers and Litigation in Disputing Process 4. Comparing Access to Justice in Canada, Brazil and Japan 5. Varieties of Disputing Behavior and Their Determinants 6. International Business Disputes and ADR 7. Disputing Behavior and Socio-Political Changes

As these titles show, the WG covers a very wide range of topics, but the focus is on disputing behavior. However, interests of the members are still very diverse: Access to Justice, Problem Experience and Subsequent Behavior, the Role of Lawyers in Disputing Process, Litigation as a Form of Dispute Resolution, Effects of Legal Consciousness upon Disputing Behavior, Disputing Process and its Social and Political Context, etc. Both commercial and non-commercial disputes are included. Despite this diversity, all the members are interested in comparative studies as well as empirical research. The original members come from Brazil, Canada, Italy, Japan, Netherlands, Poland, U.K., U.S., and Venezuela. We would welcome more international members to join us.

The WG aims at promoting empirical comparative research on civil justice and dispute resolution by providing opportunities for international members to exchange their perspectives and to discuss their problems. We will organize sessions at an RCSL annual meeting every year and hope to publish books in future. In Milano-Como, we plan to have five sessions of comparative studies on such topics as access to justice, advice-seeking behaviour, civil justice and litigation, dispute resolution in non-Western countries, and problem experiences and disputing behaviour. If you are interested in activities of the WG or joining us, please contact the WG Chair (currently – July 2014 – Luigi Cominelli).

Masayuki Murayama School of Law, Meiji University

(from RCSL Newsletter Spring 2008, p. 4)

Some additional material may be found on the old RCSL Website.