Case Management: A Magic Lamp in Reducing Case Backlogs

Abstract: 

Delay in disposing cases hinders justice. Case management can be a way to reduce delay. The caseflow management or case management is the conceptual heart of court management in general. In this article, the role of case management in reducing case backlogs will be priorities in the historical background how it emerged and spread on USA, UK, Australia, and New Zealand. The Aim of my research is to study the impact of case management in reducing case backlogs and why it is necessary in the trial court. To do so, I will try to address two key questions, what the purpose of case management should be and how it could be successful in reducing backlogs. Research shows that there are some common features of case management but at the same time it also to be recalled that all features may not be applicable for all courts or even it may not be possible to apply all those features at the same time in one court. It would rather be more flexible to get an effective result. The successes of the case management also depend on the case managers who will apply the case management technique. There is a great debate of who should perform the role of case managers. I have also highlighted on what features can make case management more effective and what would be their future approach. Over the last two decades, the judiciary of developed country has widely accepted the role of case management with respect to reduce the caseload, and they have gotten extraordinary positive result in reducing caseload. The area of this research is limited to the civil courts only. So in Doctrinal Approach, this article will consider how case management is applied in the civil court proceedings, how it works and how it can be a successful tool in reducing backlogs in the light of Australian civil courts.

Subject and Keywords: 
Year: 
Volume: 
13
Issue: 
1 & 2
Page: 
01-33
Article Identifier: 
413