HOW TO AVOID LITIGATION.

Ohinemuri Gazette, Volume 1, Issue 2, 26 December 1891, Page 2

HOW TO AVOID LITIGATION.

A GOOD EXAMPLE FROM NORWAY,

"To -relieve*the courts from drudgery, without depriving the people of their rights, to obtain iegal rediess for legal wrorgs, be they ever so insigniScant," is*the object of the court of conciliation in Norway and Denmark. It has served its purpose so well that it has become the-most popular tvibnr.al in each country. The following, says the 11 -Atlantic Monthly " for -t-pieiniter. Is i ft reaaon-'bjy .full ontiine of the ni-u'n features'of .this-institution -as :il exists in Nofway-:— . .. .-.

I "Every city, every villago contain- ' ing nt 'e»s' twenty families, and eve-y ,i>»i'ish cous-ituttM a sep-ii",'ta dLtrict of ooMciliitioo. 'iistricts are small in urder to m*ke it-as easy as po-usiult} f>r .he pariied to atleu-l thp court, as pprsauai u'lßinJaDC^ i* the^nixiu i'a.urj of the proceedings. The court, o? com mission, as the statute styles it, is raa.de up of- two raetaWers, one of whom aci.s rk chairman find clerk, 'j'heso officials are chosen for a period of three years, at a special election,-bj" the vo'.ers of the cUstrJofc, tVoni among three men nominated by tho city or-parish council. Only men ai;of's 25 years of ajjo ate eligible, and tha la>v exp.e^iy provides (.hat only '* good meu " may be placed.! on uominanou. The court m^ets at a| c«rt»in place, day, ar.d hour, every week in tho-cities, and cv. ry month in the country districts It is not public, proceedings are <'arrier! on with cl'sed doors, nnd the commisioners are bound to sscteoy Nothing of what transpires is permitted to re^ch the outside "wo»Id. Admisvsious or concessions nmle by one party cannot be usod against him by his adversary, if the c^se should com« Xo tml ;n ihe r-gulur courts. But a putty willing to settle before the c>mmi^sioners is entitled to.their ce> titicate • to'that effect

■"Thexjoutt «>f conciliation'has'jurisdiction in ail civil or private ca-ea. Appearances -betort- the commissioners ia co:»ptslsory in all auch oases, aud the first atef» in a proceeding. iTh-i law court will <iismi.s9, ex otficKO, ev-ry caa« of ihis class that doea not co'rao ti|> to it from th« court of onciiiation with h certiticate of the commissioners attesting that an effort at a reconciliation of tue.-partie&'has beea duly made before. them. ■* :

4 The mode of procedure ia the peace court is as simple aa it could possibly -be. The plaintiff states his cisc in writing, reciting iv .pl»in every-day langu-ge the ixc s upou whfch h^ ba-es his compl'iint, and what he wants the defendant to dj or reham from duii-g, and requesting that the latfcor I<p cited to meet the plaintiff in tho coiiit of coijciliatiou to try to te^ch aa agreement in the u.annet* prescr bed by lnw. -he senior commissioner W'ifces the court's summons upon the cotnplnint,■ citing both parties to appear a f. the nnxt or spcoud sitnug, as the case may bo lie \ fee of 25c-nts is chargerl for i-suing the summons, to which is added 50 reuUs in the event of -a conciliation b>--ing fffected. These compose all'the cogra in this courr, »nd also aII that ibis courtoo-ts The c^nrar-sioni-r; receive no othet compensation than these am ill fees.

%<Th9 litigants must appexrin person, except in cases of sickness or very pressing hus'nens engagements when the vise ot a representative is a'lowed, p;o----viderl, however that he "be "not a practising attorney. Lawyers, are rigidly excluded from the court of conciliation, excpp-", of coursp, w.hen..tht>y atvefjd-in their own behalf, if a party fail to appear -inrpetson/with/mr. good excuse, he 1 will be ndjudged. to.p^y, jt.be costs in the law-court, even if he should, win the case. 'Rules an.? forms.pUy only a secondary part. The character and order of fhe objrcfc'of r,he rourt mate it pre-euiinpsitly a forutn of cumraoa Vebse unfettfred by legal firti-ias.' • I .-'...

"The very atmosphere'■'of 'he lowly\ eourt.ijoom ha« a softoaiog influence on those who enter it armed fo? a cori;esit for legal rights. Tbe judges are pericaally known to them, or w» perhaps

-their.friends, and are recognized as men in whom they can have implicit confidence. Even the humblest -citizen fuels :that in tbia sforuin-he-treads upon firm and -familiar ground. " There *re no intric «te {oi-maliti'-s to becloud the issue, no array of lawyers to confuse hi™» P0 crowd of curiosity-seeker's to gloat over bis discomfort. The judges and the contestants are the only ou'es present. Everything iuduces to nn open, frank, and dispassionate discuysion. pf the points at-issue. Efit-lj [Virty looks upon the commissioners as (ii^iiiCcrcsted, trustworthy, anH frieadly-couosftllrirs, Who wili give him only*such advice as will subserve his l>est interosts.

•"Why cannot we est-xbl-sh such courts of concilitfcfoM throughout th» English-spiking World-?" And is it fcoomuch to expect such an arrang.'-mflafc to obtsda «.vhh in Ohine-mm.-? M'ty we express a hope that some Uay. even ms Utopian a -Gaarfc an Cb^s may sit hei:e.