Contributions for a colaborative case management into the Chilean civil procedure: Thinking in a new justice

Abstract

The contemporary comparative procedural culture begins to be consistent in the need for a close judge and with an empathic intervention in the proceeding with the parties and their representatives that generates the need for a paradigm transformation. The administration of justice by hearings with the improvement of all organic and financial conditions does not seem to be sufficient without setting roles for the judge and the parties. On the side of the judge imposes a vision that assumes an active managerial role. In this way a symbiosis between the adversarial and inquisitorial systems is verified, because the cooperation of the parties is also necesary. The competition between the parties for obtaining a positive outcome is qualified and balanced with the cooperation imposed on the active conduct that must be performed by the judge as intrinsic value of procedural justice and fairness as framework for a fair, just, rational and efficient justice.