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CIVIL JUSTICE DOUBLE HELIX TOWARDS AN INTEGRAL SYSTEM OF CONFLICT RESOLUTION IN CIVIL HEADQUARTERS
For a while now, we are witnessing a gradual but progressive incorporation of alternative dispute resolution mechanisms in the chilean legal system. However, they still have a secondary and marginal role. The foregoing contrasts with modern procedural trends that show that a connection bet- ween the judicial world and the world of alternative dispute resolution is not only possible, but indispensable for an accessible and efficient civil justice system. The approach of some basic premises for the design of an integral system for the solution of civil controversies is the objective of this work.
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CONFLICT RESOLUTION IN THE HEALTH SYSTEM, MEDIATION AND ARBITRATION IN AN INSTITUTIONAL CONTEXT
The paper describes a group of dispute resolution mechanisms introduced in the Health Care Reform known as AUGE. The reform included forms of mediation and arbitration that currently represents an important part of the total civil litigation in Chile. The article explores some problems that those alternative mechanisms could create. The most important issue is that the Chilean state do not recognize the importance of a civil justice system and the possible loss of some of its values, especially those relate with the transparency of is operation.
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IMPUTATION IN THE ABANDONMENT OF THE PROCEDURE AND INTERPRETATION OF ITS RULES
The paper analyzes a judgment issued by the Supreme Court in which the ma- jority vote, on the occasion of a judicial remedy, qualified the service of the decision that declared the evidentiary period initiated to only one of the parties, as a useful and suitable measure to interrupt the six-month period of Article 152 of the Code of Civil Procedure that regulates the abandonment of the procedure. In particular, the arguments put forward by the majority vote are examined, cha- llenging: i) The reference to the pro actione principle as a reason for restrictively interpreting the rules of abandonment of the procedure; ii) The use of the hy- pothetical suppression criterion in the analysis of the usefulness of an action; iii) The understanding that a greater number of parties in a procedure represents a reason to argue that there is no legal requirement to serve all the parties with the evidence resolution within a six-month period. Likewise, the consequences of sustaining the position of the majority vote are analyzed.
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¿QUÉ SE HA DICHO SOBRE EL FUNCIONAMIENTO DE LA JUSTICIA CIVIL EN CHILE? APORTES PARA LA REFORMA
In recent years, there is a growing consensus on the necessity of a civil justice reform. This consensus has crystallized into various proposals that until today are under legislative discussion. Notwithstanding, a deeper analysis on the functioning of the civil justice in the country, particularly the precise identification of its problems, is an urgent need to meet if we expect for a success of the public policy in this area. For these purposes, this article aims to account for the main critics that exist in the literature on the subject and systematize them according to four categories: existing barriers for accessing to civil justice, procedural design and the excessive written character of the civil procedure, lack of heterogeneity of civil filings, and the length of these cases. Finally, future research areas are identified to serve the necessity of the minimum diagnosis required to strengthen the discussion on civil justice reform in Chile.