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@article{1735701, author = {Holas, Jan and Lavický, Petr}, article_location = {Spain}, article_number = {5}, doi = {http://dx.doi.org/10.35295/osls.iisl.1696}, keywords = {civil proceedings; litigation; mediation; settlement; settlement rate; judge; attorney}, language = {eng}, issn = {2079-5971}, journal = {Oñati Socio-Legal Series}, title = {Obstacles to achieving in-court settlements: Perspective of Czech judicial practice}, url = {https://opo.iisj.net/index.php/osls/article/view/1696}, volume = {13}, year = {2023} }
TY - JOUR ID - 1735701 AU - Holas, Jan - Lavický, Petr PY - 2023 TI - Obstacles to achieving in-court settlements: Perspective of Czech judicial practice JF - Oñati Socio-Legal Series VL - 13 IS - 5 SP - 1817-1840 EP - 1817-1840 PB - Oñati International Institute for the Sociology of Law SN - 20795971 KW - civil proceedings KW - litigation KW - mediation KW - settlement KW - settlement rate KW - judge KW - attorney UR - https://opo.iisj.net/index.php/osls/article/view/1696 N2 - 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. ER -
HOLAS, Jan a Petr LAVICKÝ. Obstacles to achieving in-court settlements: Perspective of Czech judicial practice. \textit{Oñati Socio-Legal Series}. Spain: Oñati International Institute for the Sociology of Law, roč.~13, č.~5, s.~1817-1840. ISSN~2079-5971. doi:10.35295/osls.iisl.1696. 2023.
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