NCJ Number
61150
Date Published
1979
Length
19 pages
Annotation
PROCEDURES IN MEXICO FOR INCREASING CITIZENS' ACCESS TO MECHANISMS FOR DISPUTE RESOLUTION ARE DESCRIBED.
Abstract
ALTHOUGH THE MEXICAN CONSTITUTION FORBIDS COURT COSTS BEING PASSED TO THE PARTIES IN LITIGATION, SEVERAL COURT EMPLOYEES DO RECEIVE SOME INFORMAL COMPENSATION FROM THE PARTIES TO PERFORM CERTAIN DUTIES. LAWYERS' FEES, EXPERT WITNESSES' COMPENSATION, AND EXPENSES INVOLVED IN PUBLICATION OF JUDICIAL ORDERS ARE COSTS ALSO BORNE BY THE PARTIES IN LITIGATION. IN ADDITION, THE LOSER MUST REIMBURSE HIS ADVERSARY FOR THE COSTS HE HAS INCURRED, WITH LAWYERS' FEES USUALLY FIXED BY AGREEMENT WITH THE CLIENT. SELF-REPRESENTATION IS ALLOWED FOR ALL BUT CRIMINAL TRIALS. APPROACHES AIMED AT REDUCING EXPENSES FOR LITIGATION WITHIN THE FORMAL JUDICIAL SYSTEM INCLUDE (1) SIMPLIFIED PROCEDURES FOR SMALL CLAIMS, (2) A SPECIAL PROCEDURE FOR CERTAIN CLAIMS CONCERNING FAMILY LAW, AND (3) SUMMARY PROCEEDINGS FOR RECOVERY OF A LIQUIDATED SUM. COSTS OF LITIGATION ARE FURTHER REDUCED BY USING COURTS OF SPECIAL JURISDICTION IN DEALING WITH FAMILY LAW AND ESTATE LAW. ALTHOUGH JUDGES CAN EFFECT CONCILIATION AT ANY STAGE OF LITIGATION IN THE INTEREST OF AVOIDING LENGTHY PROCEEDINGS, THE PRACTICE IS SELDOM USED. COMPULSORY DIVERSION OF DISPUTES TO GOVERNMENT-SPONSORED FORUMS OUTSIDE FORMAL JUDICIAL PROCESSES EXISTS FOR LABOR DISPUTES, ADMINISTRATIVE MATTERS, AND THE RESOLUTION OF CERTAIN AGRICULTURAL DISPUTES. VOLUNTARY SETTLEMENT OR ARBITRATION PROCEDURES ARE IN EFFECT FOR CERTAIN MARKETPLACE DISPUTES. JOINDER OF INDIVIDUAL CLAIMS IS PERMITTED WHEN TWO OR MORE PERSONS MAKE THE SAME ACTION OR ASSERT THE SAME DEFENSE, WITH COLLECTIVE REPRESENTATION PERMITTED ONLY BEFORE ADMINISTRATIVE AGENCIES. FOOTNOTES AND TABULAR DATA ARE INCLUDED. (RCB)