Courts in Mexico and the rest of the world, can hardly grow in proportion to the number of conflicts before they arise, for trade relations and other interventions are producing increasingly necessary bodies courts responsible for the administration of justice.
This results in the enforcement and administration of justice is becoming less efficient, and therefore conflicts can not be solved quickly and efficiently.
If we add to this diversity of laws, according to the legal nature of the issues in dispute and the procedures and instances to be run in its management and its national and international significance, we must conclude that it is due a solution to the problem that requires everyone involved in this jargon, to find viable alternatives, reliable and feasible. Today
have taken off several alternative means to the traditional role of the judiciary as the ultimate governing enforcement and administration of justice.
Mediation Arbitration and now represent great importance to alternative conflict resolution, although it has a good time to be implemented at national and international contractual relationships of a commercial nature. It has realized the Congress.
The United Nations International Trade Law in 1993 included in our Code of Commerce the Model Law on International Commercial Arbitration reformers in their Title IV of Book Five, and the Code of Civil Procedure which provides for alternative mechanisms commercial arbitration. It was the National Chamber of Commerce of Mexico City, which first offered the services of administration of these services arbitration.
Since then all the sectors involved in the interest of giving an immediate solution to the conflicts of various kinds charged interest in these alternative procedures of mediation and arbitration.
But only through properly designed programs and highly qualified third parties can obtain successful results and noticeable impact on the use of these mechanisms. It is also improper means to solve these disputes is done under a comparison with the judicial system. These alternative mechanisms for resolving conflicts are neither a panacea nor a solution to the problems facing the judiciary in the administration of justice. The problems facing our judicial system far beyond initiatives how are you. Just these devices offer a range of alternative solutions to conflicts in our society. It is true that many factors involved in the problems they face I always say, the judiciary in general, as population growth and obviously conflict between individuals, the neglect of development programs for judicial personnel, for proper training and the shortness of the budget or public expenditure for better performance in the judicial system functions, but it is here where you should focus the objective of these alternative means, it will be a grave error. Should not be the central argument or purpose leading this movement, to convince those who manage their benefits.
All we engage when social peace is, but do not confuse that with these alternative mechanisms to solve conflicts, going to resolve the problems of the Mexican judiciary.
So these questions arise:
What are the options and modalities that exist in Mexican law?
What these mechanisms are taking place in the professional practice of lawyers Mexicans?
What role does the government in promoting and implementing these initiatives?
Who are the most interested in implementing them?
What models of uniform law should reject or adopt?
This results in the enforcement and administration of justice is becoming less efficient, and therefore conflicts can not be solved quickly and efficiently.
If we add to this diversity of laws, according to the legal nature of the issues in dispute and the procedures and instances to be run in its management and its national and international significance, we must conclude that it is due a solution to the problem that requires everyone involved in this jargon, to find viable alternatives, reliable and feasible. Today
have taken off several alternative means to the traditional role of the judiciary as the ultimate governing enforcement and administration of justice.
Mediation Arbitration and now represent great importance to alternative conflict resolution, although it has a good time to be implemented at national and international contractual relationships of a commercial nature. It has realized the Congress.
The United Nations International Trade Law in 1993 included in our Code of Commerce the Model Law on International Commercial Arbitration reformers in their Title IV of Book Five, and the Code of Civil Procedure which provides for alternative mechanisms commercial arbitration. It was the National Chamber of Commerce of Mexico City, which first offered the services of administration of these services arbitration.
Since then all the sectors involved in the interest of giving an immediate solution to the conflicts of various kinds charged interest in these alternative procedures of mediation and arbitration.
But only through properly designed programs and highly qualified third parties can obtain successful results and noticeable impact on the use of these mechanisms. It is also improper means to solve these disputes is done under a comparison with the judicial system. These alternative mechanisms for resolving conflicts are neither a panacea nor a solution to the problems facing the judiciary in the administration of justice. The problems facing our judicial system far beyond initiatives how are you. Just these devices offer a range of alternative solutions to conflicts in our society. It is true that many factors involved in the problems they face I always say, the judiciary in general, as population growth and obviously conflict between individuals, the neglect of development programs for judicial personnel, for proper training and the shortness of the budget or public expenditure for better performance in the judicial system functions, but it is here where you should focus the objective of these alternative means, it will be a grave error. Should not be the central argument or purpose leading this movement, to convince those who manage their benefits.
All we engage when social peace is, but do not confuse that with these alternative mechanisms to solve conflicts, going to resolve the problems of the Mexican judiciary.
So these questions arise:
What are the options and modalities that exist in Mexican law?
What these mechanisms are taking place in the professional practice of lawyers Mexicans?
What role does the government in promoting and implementing these initiatives?
Who are the most interested in implementing them?
What models of uniform law should reject or adopt?
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