Publication details

Obstacles to achieving in-court settlements: Perspective of Czech judicial practice



Year of publication 2023
Type Article in Periodical
Magazine / Source Onati Socio-Legal Series
MU Faculty or unit

Faculty of Law

Web Open access článku
Keywords civil proceedings; litigation; mediation; settlement; settlement rate; judge; attorney
Description In-court settlement is often considered not only socially but also economically advantageous resolution of legal disputes as it is typically less costly for governments and parties to the dispute than a judgment. Using data from a questionnaire administered via computer assisted web interviews with 450 judges and 500 attorneys, we investigate reasons for the low settlement rate and appropriate procedures to increase this rate. We find that a significant factor influencing the settlement probability is the type of case (e. g., passenger transport, loan contracts, insurance). We also find that oral preparation of court hearing, making the parties to the dispute acquainted with the legal opinion of the court as well as the attorney’s support for the parties to settle the dispute have an impact on settlement probabilities.
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