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RESEARCH PRODUCT

Civil Justice in the Global Current Society

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The monopolization of the process model within the framework of Civil Justice has been a reality, especially in continental court systems, and found its raison d'etre in the social, political, economic and legal history of civilization. Civil justice was identified with the Process, even though it was not the only way to achieve it; but it was understood as the best one possible. This model of conflict resolution appeared as a static approach, linked to the idea of "public service", which is technically complex with certain formalities. The Process was progressively considered to be a conquest of civilization. This procedural model has been providing a way for the pacification of society, in addition to an established public control-system. There is no doubt that society evolves and with it the institutions that accompany it. The evolution of peoples promotes a transformation of conflict and new ways to solve it. The social changes and its acceleration in the last decades have brought a change of era. And the change of era has been accompanied by a metamorphosis in the world of conflict and in the ways to counteract it. In this metamorphosis it shows that there is a legal life of conflict resolution beyond the process, or if you want, there is civil justice beyond the civil process. However, incorporating life beyond the civil process does not imply a "liquidation" of civil process. It implies assuming the essential need to diagnose typologies of conflicts and working with a plurality of ways to solve them; always under public protection. In this way citizens have not only one, but the best possible way to solve their Conflicts, learning how to manage them, even avoiding or minimizing it.