Public justice and private ordering

terms for an adequate understanding. A look from Chile and its reforms

Abstract

This paper is inserted in the confrontation that part of the doctrine does between Public courts and Private Justice. In the context of justice reform in Chile, specifically, civil procedure, the article contributes to the promotion of alternative dispute resolution mechanisms. The author reviews the grounds or purposes expected to be pursued when promoting these mechanisms, from two experiences of Comparative Law (specially, Argentina and Spain) to the current situation on the civil procedure reform in Chile. The document concludes and argues that inferring that alternative mechanisms as a economic advantage is dangerous. While decongestion of the courts and resource saving by government are key in experiences in Chile and the world, savings should not be the paramount advantage. ADR should achieve a harmonious complementary relationship between Public courts and private justice that not only will not underestimate the values behind procedure and Public courts but also will not despise the proven contribution of cooperation formula found in ADR.