Anna Nylund

Anna Nylund
University of Bergen | UiB

Professor

About

41
Publications
26,694
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122
Citations
Introduction
Civil procedure, mediation, alternative dispute resolution, children's rights, comparative law, Europeanisation of law

Publications

Publications (41)
Chapter
Full-text available
EU law has a tangible influence on the civil procedure law in the Nordic countries. This chapter explores how EU civil procedure law is practised and perceived in the Nordic countries. First, a brief account of the manifold levels and types of EU civil procedure law is given. The extent to which Nordic legal academics, judges and legal counsel make...
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Europeanisation, globalisation, privatisation, diversification and digitisation are trends that all exert an influence on courts and the justice system. Still, our understanding of the interrelationship between these currents in the legal landscape and national court culture is limited, which in turn impedes our comprehension of the on-going, poten...
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This chapter maps the structure of the Nordic justice systems and explores whether and why one could argue that there is a ‘Nordic’ structure. The aim is also to examine recent changes and to investigate whether these entail a cultural shift in some or all Nordic countries. It examines shifts in the intended functions of the courts; changes in the...
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Based on the insights from the previous chapters in this volume, this concluding chapter discusses key traits of Nordic courts: colloquial legal language, generalist judges, ‘unrefined’ and fragmentary laws, high trust in the state and judges, and corporatism. The development of these traits over time is explored as well as the emergence of new tra...
Book
Full-text available
This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digi...
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The coronavirus pandemic has had tangible impact on the functioning of the civil justice system across the globe. What are the consequences of Covid-19 for the civil justice in several countries? Is there a great variety in the impact of the virus on civil justice between various countries? It is likely that the impact of the virus is not the same...
Book
This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil p...
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Available open access: https://brill.com/view/book/edcoll/9789004382817/BP000015.xml
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Available open access: https://brill.com/view/book/edcoll/9789004382817/BP000002.xml
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Available open access: https://brill.com/view/book/edcoll/9789004382817/BP000026.xml
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Civil Procedure and Harmonisation of Law - edited by Nylund Anna February 2019
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Civil Procedure and Harmonisation of Law - edited by Nylund Anna February 2019
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The Nordic courts and court culture have several distinctive traits: (1) a three-tier court hierarchy with little specialisation; (2) judicial discretion and pragmatism; (3) “Nordic” oral proceedings; (4) lay participation; and (5) the role of Supreme Courts and the doctrine of quasi-stare decisis. Many of the traits are not uniquely Nordic, yet th...
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Traditionally, European civil procedure systems have displayed a range of structures. Currently, systems are converging around the main hearing model, which international soft law initiatives on civil procedure also endorse. This text discusses the main content and principles of the main hearing model and its application in English, Finnish, German...
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In this article, I analyse why and how the Norwegian child custody system fails to provide early resolution to many families. Resolution of these conflicts should be timely and adapted to the level and sources of conflict. Child custody mediation is mandatory in Norway for all separating couples with children, yet the number of child custody disput...
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This is an introduction to a collection of articles in the book Nordic mediation research. The background and history of mediation in the Nordic, or Scandinavian, countries is presented. The areas of mediation practice in the Nordic countries and Nordic mediation research are also introduced.
Book
This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of r...
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Active use of the preparatory stage to promote a concentrated main hearing is a key element in Norwegian civil procedure. The judge actively manages the cage and prepares it for the main hearing. Judicial discretion is an important tool to allow the judge to tailor the proceedings to the need of the parties. If an issue or question is unclear, the...
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The main hearing model used in civil proceedings may enhance the efficiency of civil litigation. The preparatory stage is a key ingredient in the model, enabling case management, clarification of issues and concentration of the case to the disputed questions. It may also facilitate judicial settlement efforts and early disposal of cases. In recent...
Book
This book explores the regulations, goals and functioning of preparatory proceedings in four Nordic countries and eight former communist countries. The contributions discuss whether, and how the regulation and practice of preparatory proceedings enhance swift civil justice that is both inexpensive and has quality outcomes. A central question is whe...
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Conclusions and outlooks on the impact of EU law on national civil procedure law based on the contributions in the edited volume The European Union and National Civil Procedure.
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In this final chapter conclusions on the current state and the future of Nordic civil litigation are drawn from the articles in this volume. The aim is to present a larger picture of the changes and developments in Nordic civil procedure. In the first part of the chapter highlights the general changes and developments in civil procedure legislation...
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European integration affects Nordic civil procedure primarily through the European Convention on Human Rights and the European Union. The case law from the European Court on Human Rights has clearly had a major impact on Nordic civil procedure, but so far the case law from the European Court of Justice and legislation from the Union has had only a...
Book
This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major...
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Norway has been considered a forerunner in the field of civil mediation among the Nordic countries. Settlement and working for amicable solutions have had a predominant place in Norwegian civil litigation for centuries. The Dispute Act from 2008 emphasize dispute resolution as a main function of the courts and as a duty for parties. There are indee...
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The Access to Justice movement and the Alternative Dispute Resolution movement have shaped the way we perceive the role and functioning of courts in society. Both movements have criticised the courts for failing to provide precise, real and achievable justice for citizens. The third “wave” of the Access to Justice movement has emphasised ADR as a t...
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Family Child Custody Disputes and «High Conflict Families».
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Child Custody Mediation - for Better or for Worse?
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Almost all western European countries face challenges of access to the second courts. The problem of how to restrict access to the second courts in order for the courts to be able to focus on essential cases is neither new, nor rare. At present, the question is of vital importance in Finland as dissatisfaction with the current procedure in the seco...

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