- De rechter als regisseur: een verkennend onderzoek naar de ervaringen van rechtzoekenden en rechters met de nieuwe zaaksbehandeling in het bestuursrecht
- Recht der Werkelijkheid
- Volume | Issue number
- 35 | 1
- Number of pages
- Document type
- Faculty of Law (FdR)
- Paul Scholten Centre for Jurisprudence (PSC)
This article reports on an explorative empirical research project on the experiences and opinions of litigants and judges with respect to a new way of handling court cases in administrative law, in which an early contact between parties is initiated and the judge tries to solve the conflict via mediation techniques. Fourteen case files have been analyzed, fourteen court sessions have been observed and thirteen litigants and five judges have been interviewed. Considering the limited scope and the explorative character of the project, it obviously can provide no general or final conclusions. Nonetheless, the research does provide a number of useful indications regarding how the respondents have experienced the new way of working. It also shows how theories on litigation and procedural fairness are implemented by judges in the daily routine of court hearings.
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