A COMPREHENSIVE SYSTEM OF CONFLICT SOLUTIONS IN PRIVATE LAW

(Do the endemic problems of civil justice have solution?)

Abstract

An examination of Rules of Civil Procedure, both Civil and Common Law, reveal that, even nowadays, Civil Justice shows significant problems related to slowness, expensive costs, inefficacy and inefficiency. These aspects affect directly the right to access to Justice in order to obtain a fair solution of the controversy. The solution proposed to confront these obstacles will come from a double perspective: a) The evolution of civil procedure from a more flexible and adaptable to circumstances perspective. A case by case formula will bring a better way to resolve controversies, strengthening the “judicial case management”, and leading parties to negotiate and agreed on the terms before of the trial; b) Considering the importance of ADR regarding access to Justice and displaying them on a well-organized way, that will focus on utility to citizenship.
Developing a Comprehensive Dispute Resolution System, as a public policy, to facilitate the right to access to Justice and a more adequate and fair solution to the controversies. However, this is not an easy task, it is unavoidable to approach it. For that purpose, we considered different experiences on Comparative Law: “Multi-Door System”, “Court-annexed ADR”, “multi-opened”, analyzing their advantages and disadvantages, and their potential for improvement. From a similar point of view, regarding future trends of civil procedure which present an interesting convergence.