In episode four economic analysis of law takes centre stage. PhD researcher Evangelia Nissioti from the European Doctorate in Law and Economics programme (Hamburg Institute for Law and Economics and Erasmus School of Law), and Professor Louis Visscher from the Rotterdam Institute for Law and Economics, discuss new forms of dispute resolution. Ensuring access to justice may be costly for societies, yet without adequate access to justice the incentive effects of law may be weakened. Can equity and efficiency be achieved simultaneously by changing our approach to litigation? And can this be supported, in part, by the availability of online platforms?
Eva sets out the differences between, and the respective advantages of, private adjudication (mediation) and collective settlement as means to overcome rational apathy in litigation. After considering the EU Mediation Directive 2008/52/EC the Dutch experience comes under the spotlight. Some well-known case studies and examples of collective settlement are outlined. Then Eva discusses both the Wet Collectieve Afwikkeling Massaschade (WCAM) of 2005 and the more recent Wet Afwikkeling Massaschade in Collectieve Actie (WACM) of 2019, with just a little help – from Louis – on the pronunciation.
Episode 4: Eva and Louis: “Economic Insights on Private Adjudication and Collective Settlement”
Host: Liam Wells
Junior: Evangelia Nissioti
Senior: Louis Visscher
Law Out Loud
In Law Out Loud we turn the table between senior and junior researchers/experts. The research question of every PhD candidate is unique, and so even a Professor can learn something from those at the very earliest stage of their careers! In every episode of the series, a PhD researcher – our junior researcher – gets the opportunity to explain their research to a senior academic/expert in the same field. The senior, in turn, seeks to learn from the junior and contribute related insights from their own research. The topics in the series cover legal responses to new social, economic, environmental, and technological developments. These range from: consumer protection under new business models, to the rise of high frequency trading in the stock market, and the use of new forms of dispute resolution in addition to the courts.
Law Out Loud is funded by the Erasmus Graduate School of Law, and each episode is produced and edited by EGSL PhD researchers: Liam Wells, Josje de Vogel, Sophia Paulini and Georgia Antonopoulou.
