Litigation: externalities and tools for its rationalization. The Spanish case

Abstract

The available statistical information shows the high workload of the Spanish judicial system. In addition, the economic crisis imposed by the COVID-19 pandemic will most likely increase litigation. The economic analysis shows that high litigation generates negative externalities. After studying the data, this article examines the effects on litigation in Spain of the adoption of new systems of court fees and fee-shifting rules. It also analyses the information available on alternative dispute resolution mechanisms.

Keywords:

efficacy of justice, litigiousness, court fees, fee-shifting rules, alternative dispute resolution mechanisms