Conciliation at Issue in the Transformation of the Judicial System
Type de matériel :
TexteLangue : français Détails de publication : 2006.
Sujet(s) : Ressources en ligne : Abrégé : Facing a judicial crisis that reveals the limits of jurisdictional treatment of disputes, the use of conciliation may be interpreted as a sign of a willingness to change the judicial model. Yet reducing conciliation to settlement arouses suspicion on the part of jurists and those to be tried who remain attached to the symbolic dimension of justice. On the contrary, put back into the hands of judges, conciliation allows another approach to conflicts. Freed from the structures imposed by the law and judicial rites, judges can restore the original meaning of conflicts and reach a solution which makes sense to the litigants.
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Facing a judicial crisis that reveals the limits of jurisdictional treatment of disputes, the use of conciliation may be interpreted as a sign of a willingness to change the judicial model. Yet reducing conciliation to settlement arouses suspicion on the part of jurists and those to be tried who remain attached to the symbolic dimension of justice. On the contrary, put back into the hands of judges, conciliation allows another approach to conflicts. Freed from the structures imposed by the law and judicial rites, judges can restore the original meaning of conflicts and reach a solution which makes sense to the litigants.
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