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July 4, 2017

The first phase of this training program was a week focused on skills for oral litigation in the new civil justice system that went into effect on April 18. The second, to be held this week, will address mediation as a dispute resolution mechanism. Both are being offered for civil judges in Nicaragua by the Justice Studies Center of the Americas (JSCA) with the support of the Commission for the Implementation of Civil Procedure Reform of the Nicaraguan Supreme Court, which is presided over by the Honorable Ileana Pérez, and the Institute for Advanced Judicial Studies, which is also part of the Supreme Court and is directed by Joaquín Talavera.

The two activities are being conducted in the context of the multi-year project “Improving Access to Civil Justice in Latin America,” which JSCA is developing with the technical and financial support of Global Affairs Canada. This allows the Center to develop activities such as training programs, studies and courses.

A program was offered to 50 judges between June 26 and 30 in order to allow them to develop skills for use in an oral civil justice system. The training covered topics such as strategic preparation for arguments, case theory as a tool, witness and expert examination and cross-examination and the preparation of opening and closing statements.

The training culminated in mock hearings in which participants played the roles of the various parties at trial. JSCA Executive Director Jaime Arellano then offered the master class “The Need for and Objectives of Civil Justice Reform in Latin America.” The trainers were JSCA Executive Director Jaime Arellano; Fernando Carbajal, an Argentine attorney specializing in procedure law; and JSCA researcher Constanza Gigena.

Over the course of this week and early next week, the international agency will offer the program “Mediation in Nicaragua’s New Civil Justice Process” to 99 judges. One third of the participants will be trained each day. The activity is benefitting from the support of the Directorate of Dispute Resolution of Nicaragua’s Judicial Branch.

The training addresses conflict theory, the types and causes of conflict and the importance of communication in these processes and related techniques. The second day of training focuses on the application of the mediation and conciliation phases in observance of the principles and ethical duties, gender perspective and human rights in order to promote access to justice, effective protection and legal security.

All of the lecture-based segments are accompanied by practical exercises that culminate in a mock mediation and conciliation. The instructors are JSCA Research and Projects Director Marco Fandiño and JSCA research attorney Lorena Espinosa.

JSCA also offered a training program on management of oral hearings in the criminal and civil justice system in April 2016, which was attended by Nicaraguan judges from both areas.










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