12. Case Management

This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs. It explains the ethos of case management, allocation (to track), and case management directions through the tracks. It discusses the ways in which the court will seek to ensure that its orders for the management of a case are complied with.

Respect for Judicial Independence

This Chapter examines whether judges feel that their independence is respected. Three categories of actors are distinguished: the court users, the political system and the internal decision makers of the judiciary. Judges feel in the mean most respected by the internal leadership, to a lesser extent by the court users and least by the political system. In some countries judges do not feel respected by the political system at all. In the opinion of the judges, respect by the different actors has different features. Perceived respect shown by litigants has to do with absence of bribery and other forms of corruption, and inappropriate pressure. Respect by government and parliament is about the implementation of judgments by government and the case load of the judiciary. Case load depends on the resources that politicians make available. Respect by court management concerns absence of pressure on judges to adjudicate cases timely, case load and promotion of judges based on merit. Caseload is a recurring determinant of perceived respect for independence. This suggests that independence is highly affected by resource allocation.

12. Case Management

This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs. It explains the ethos of case management, allocation (to track), and case management directions through the tracks. It discusses the ways in which the court will seek to ensure that its orders for the management of a case are complied with.

12. Case Management

This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs. It explains the ethos of case management, allocation (to track), and case management directions through the tracks. It discusses the ways in which the court will seek to ensure that its orders for the management of a case are complied with.

GESTÃO DE CONFLITOS NOS ESTADOS UNIDOS E NO BRASIL

O presente texto apresenta um comparativo entre o sistema de gerenciamento de conflitos nas cortes federais norte-americanas (Court Management e Case Management) com o modelo de gestão de conflitos do direito processual civil brasileiro, especialmente após o advento do Novo Código de Processo Civil (Lei 13.105/2015)