J. van Mourik (Jim) LLM

Does a judge merely settle legal disputes, or also help resolve the real-life problems behind them? How far can a judge go in encouraging parties to reach a settlement? Can court proceedings be made faster, simpler, and more affordable? And can mediation or arbitration offer a full-fledged alternative to the courts?

These are the kinds of questions Jim explores in his research. He studies how people and businesses can assert or protect their rights in a fair and effective way. He is especially interested in the role of the civil court, new developments in civil procedure, and alternative ways to resolve conflicts. His research combines different methods, from traditional legal analysis to historical, comparative, and qualitative-empirical approaches.

In his PhD project, which he will defend in 2025, Jim looks at mediation in bankruptcy cases. Since there’s usually not enough money to pay all creditors in a bankruptcy, conflicts often arise between different—and sometimes clashing—interests. These can get in the way of a smooth resolution. Jim investigates how mediation might help, where it falls short, and what role the supervising judge (rechter-commissaris) could play. He combines literature research with interviews with trustees, mediators, and judges.

Jim completed his Master’s in Legal Research at Utrecht University, graduating cum laude. During his studies, he worked on various projects on alternative dispute resolution and access to justice, including research on low-threshold courts in France and Belgium and collective action procedures. He also has hands-on experience as a court clerk (buitengriffier) and arbitral secretary.