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Foreign News July 2, 1841

Southern Christian Advocate

Charleston, Charleston County, South Carolina

What is this article about?

Description of Norway's 'Forligelses-Commission' or Court of Reconcilement, a parish-level arbitration body led by the priest that handles disputes before higher courts, promoting reconciliation over strict justice.

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COURT OF RECONCILEMENT

The most peculiar court of justice in Norway is that named "Forligelses-Commission," that is, Court of Reconcilement, or Arbitration. There is such a court in every parish; it consists of three persons, chosen by the parishioners, of whom the priest is almost invariably the chief, with the churchwardens or the lensman as his assessors. Every intended litigation must, in the first instance, be submitted to this commission before it can be brought into a higher court. The parties are there personally heard, no professional person being allowed to appear; their evidence is canvassed, and a statement eventually drawn up in which both parties agree, and sign. The assessors then endeavour to reconcile the parties, usually by proposing some middle course. If both submit to the arbitration, the decision is final. if one demurs, he can carry the case to the higher tribunal, but at the risk of having the expenses to pay should it decide against him; and in no case can any fresh facts be brought forward, other than what are contained in the protocol of this parish commission. Whether any modification of this institution could be beneficially adopted in a country like ours, I am not prepared to say; but I think there can be no doubt, that in a country like Norway it is productive of much more good than evil, as tending to cut short a great deal of litigation. Strict legal justice is very probably not so much aimed at by a tribunal so constituted, as equity and concord. -- Two Summers in Norway.

What sub-type of article is it?

Judicial Institution Arbitration Court

What keywords are associated?

Norway Forligelses Commission Court Of Reconcilement Arbitration Parish Court Priest Litigation

Where did it happen?

Norway

Foreign News Details

Primary Location

Norway

Event Details

The Court of Reconcilement, or Forligelses-Commission, operates in every Norwegian parish with three members chosen by parishioners, typically led by the priest and including churchwardens or lensman. Intended litigations are submitted here first; parties are heard personally without professionals, evidence is reviewed, a joint statement is signed, and reconciliation is attempted via a middle course. Agreement makes it final; dissent allows appeal to higher courts with expense risks and no new facts permitted beyond the protocol.

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