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Management of Civil Lawsuit - A Comparative Study by Dr. Muhammad Nasr Al-Rawashdeh
JOD
Get it by 5 Aug | Order in 5 Hours 11 Minutes
Since delayed justice is sheer injustice, and its delay is akin to its denial, legal thought has strived in its relentless pursuit to find a solution to a dilemma that, if continued, could topple the entire judicial system. Litigants may resort to unfair settlements to escape the ordeal of litigation, which can drain their pockets and then their minds, especially in contracts of adhesion where an individual finds themselves facing powers that only understand the language of control and dominance.
Some may even abandon their rights, knowing that the litigation process might make them permanent residents in the courts. The judicial system in our country was not exclusive to courts formed and supervised by the state; Jordanian society also knew tribal justice and settlements that often ended in waiver due to the nature of the prevailing relationships in this society. The role of tribal justice has declined in favor of governmental judiciary because the latter provides clarity in procedures, fairness in role distribution, and a coercive authority exercised by the state in enforcing judgments.
Perhaps the method found by the Jordanian legislator—introducing the civil lawsuit management system into Jordan's litigation system—was the solution that could help reduce litigation delays and the resulting piles of paperwork, heavy costs, and wasted time.
This method (lawsuit management) provides genuine early control over the case file by presenting the case's subject matter to a specialized judge who addresses the core issue from the outset. The judge diagnoses the state of disagreement, determines appropriate measures, and asks the parties to limit their evidence to what is relevant to the dispute based on its scope. Then, the judge attempts to reconcile the litigants' viewpoints to reach a settlement and record it in the file, or suggests alternative dispute resolution methods to help them resolve their conflict outside the courtrooms.