MODELO DE GESTION (CASEMANAGEMENT) - DR. JORGE LUIS PAJUELO CABANILLAS

Introduction to Case Management in Civil Process

Overview of the Session

• The session is led by Jorge Luis Pajuelo Cabanillas, a superior judge from the Court of Puent Pi Piedra Ventanilla, focusing on case management applied to civil processes.

• Emphasizes the importance of measurement in judicial processes with the phrase: "what is not measured is not controlled and what is not controlled cannot be improved."

Importance of Measurement

• Discusses both qualitative and quantitative aspects of measuring how judges apply orality in civil processes.

• Highlights that effective case management requires understanding how civil procedure codes are applied in practice.

Historical Context of Civil Procedure Code

Evolution of Hearings

• The original civil procedure code mandated a single hearing, which has remained largely unchanged over time.

• Initial stages included various hearings (conciliation, sanctioning, establishing controversial points), but these often became mere formalities without substantial contributions to cases.

Issues with Current Practices

• Judges frequently encountered generic controversial points during hearings that did not effectively address specific issues at hand.

• This led to unnecessary delays as irrelevant evidence was admitted due to poorly defined points.

Legislative Changes and Their Impact

Shift Towards Efficiency

• In response to inefficiencies, legislators eliminated certain hearings to streamline processes.

• The current process has become more scriptural, relying heavily on written communication between judges and parties.

Visual Representation of Challenges

• References a documentary titled "Paper Justice," illustrating the chaotic state of file management within civil courts prior to reforms.

Modernization Efforts in Judicial Processes

Pilot Plan for Improvement

• A pilot plan initiated by the judiciary aims at modernizing civil offices through collaboration with the Center for the Study of Justice of the Americas.

• Resolutions 124 (2018) and 213 (2019), outline this modernization effort focused on improving office efficiency.

Integration of Orality and Case Management

Understanding Judicial Process Enhancements

Principles of Enhanced Judicial Processes

• The doctrine emphasizes three principles: concentration, immediacy, and efficiency in judicial processes. This shift moves away from traditional scriptural methods to a more accessible approach for parties involved in legal disputes.

• The principle of concentration aims to streamline proceedings by reducing delays caused by excessive documentation and procedural requests that often hinder timely hearings. Lawyers previously exploited these delays to postpone cases unnecessarily.

• Case management is introduced as a mechanism for judges to expedite hearings and resolve incidents promptly, signaling to litigants that while they can submit documents, the focus will be on concentrated hearings.

Evolution of Court Structures

• The transition towards a corporate model within courts necessitates judges delegating administrative tasks to court administrators, allowing them to focus on obtaining quality information during hearings for prompt sentencing. Regulations 482 and 533 of 2023 outline this new operational framework.

• Historical models depicted judges working in isolation with their own staff, leading to inconsistent case processing outcomes across different offices due to varying interpretations of rules and procedures. This created inequities among litigants based on which judge handled their case.

Shift Towards Corporatization

• A previous attempt at corporatization still retained individual judge assignments for staff but began structuring courts into physical units or modules, indicating progress yet maintaining some outdated practices regarding case processing criteria.

Judicial Management and Case Management in Modern Courts

Standardization of Judicial Processes

• Judges standardize criteria for processing cases to benefit litigants, ensuring a uniform approach regardless of individual judges' productivity levels.

• All teams involved in case management (qualification, processing, execution) work uniformly under the guidance of magistrates, promoting efficiency.

Monthly Consensus Among Magistrates

• Magistrates are required to meet monthly to reach consensus on various criteria through the board of judges, enhancing collaboration and consistency in judicial decisions.

Understanding Case Management

• Case management refers to the judicial oversight of litigation aimed at efficient time use and cost reduction. It goes beyond traditional procedural channels.

• Judges applying case management identify specific characteristics of each case, allowing tailored approaches based on circumstances such as multiple defendants' locations.

Encouraging Cooperation Among Parties

• Effective case management encourages parties to collaborate for quicker resolutions while respecting their defense strategies.

• The establishment of controversial points is crucial; cooperation helps streamline evidence qualification and focus on key litigation issues.

Role of Administrators in Case Management

• Administrators within civil corporate modules manage staff across various teams and supervise hearings to prevent delays or frustrations during proceedings.

• Hearings are central to the process; administrators ensure timely notifications and attendance from all necessary parties (witnesses, experts).

Distinction Between Process Direction and Case Management

• The concept of case management differs from merely directing processes; it emphasizes managing all cases holistically rather than focusing solely on individual outcomes.

• A judge's role expands with case management, requiring a broader vision that encompasses overall office efficiency rather than just resolving single cases.

Protocol Insights from Resolution 533 of 2023

Case Management and Procedural Changes in Civil Law

Introduction to Case Management

• The resolution 533 of 2020 emphasizes case management, which aims to avoid dispersion in procedural acts and concentrate efforts effectively.

• Traditional practices involve multiple document submissions for various purposes, leading to procedural nullities; the goal is to streamline this process.

Streamlining Hearings

• While documents will still be presented as part of the right to defense, the focus is on resolving incidents during hearings rather than through written requests.

• The intention is to prevent delays caused by parties submitting documents with the aim of postponing hearings.

Role of Judges in Hearings

• Judges will set preliminary hearings promptly, requiring parties to support their requests during these sessions.

• Under resolution 533, judges can establish agreements regarding evidence presentation order, enhancing efficiency in trials.

Promoting Conciliation

• The new case management approach encourages self-composed solutions and conciliation throughout the process rather than just at sentencing stages.

• Judges are now more involved from the beginning of cases, aiming for conciliatory outcomes by understanding both parties' strengths and weaknesses.

Legal Framework for Preliminary Hearings

• There has been criticism regarding the introduction of preliminary hearings since they are not explicitly named in civil procedure codes; however, judges have authority under existing regulations.

• The legal framework supports judges directing processes and summoning parties about disputed facts without contradicting established procedures.

Conclusion on Implementation

Understanding Management and Reality in Conflict Resolution

The Nature of Reality in Judicial Projects

• It is crucial to recognize that reality is not merely a project imposed by the executive council; rather, it is a collective initiative embraced by various judges at the national level.

• These judges are actively seeking solutions that align with previously discussed concepts, emphasizing the importance of applying reality to specific cases.

Flexible Management Approaches

• Management within a corporate context should be viewed as a flexible and open process rather than a rigid sequence of stages.

• The approach to management must remain adaptable, focusing on resolving conflicts while maintaining awareness of the primary objectives.