Case Management Rules
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Case Management Rules
Mediation is the process in which a third party, for example, a court assists the disputing parties to solve a conflict through negotiation and communication. Rule 1.4 (2) (e) holds that in an attempt of the court to manage the cases, a court can control the use of expert evidence (Garland & McEwan, 2012). Expert testimony includes the information that the court does not have technical knowledge. Controlling this evidence includes the court deciding whether to evidence important to the case. The court can decide when to use this information for the benefit and the convenience of the court. The importance of this rule is to allow the court to use additional information when solving disputes. Controlling this evidence enables the court to eliminate the chances of manipulation, leading to unfair dispute resolution.
Rule 3.1 (2) (f) asserts that the court can exercise its powers of management by staying with partial or the whole judgment generally or until a specific date. The court can perform this rule to prepare for the hearing and decisions and to get rid of unfair hearing (Gerlis & Loughlin, 2001). During this period, the court assesses the information provided by the conflicting parties and makes ruling according to the interpretation. To avoid biased ruling during mediation, the court uses these two rules to increase its knowledge and to decide the direction of the case effectively. The rules also express the independence of the court in making decisions best for the trials and not for the convenience of the parties in conflict. The court cannot be manipulated to use the expert evidence or provide evidence by any outside party.
References
Garland, F., & McEwan, J. (2012). Embracing the overriding objective: difficulties and dilemmas in the new criminal climate. The International Journal of Evidence & Proof, 16(3), 233-262.
Gerlis, S., & Loughlin, P. (2001). GENERAL POWERS OF CASE MANAGEMENT. In Civil Procedure (pp. 136-136). Routledge-Cavendish.