Effects Of Cooperation In Civil Litigation

Abstract

This research examines and analyzes the principle of cooperation in civil litigation, as a modern approach to enhancing the effectiveness of the litigation system and achieving procedural justice. In this context, cooperation refers to the totality of actions or agreements undertaken by parties to a dispute with the aim of facilitating procedures, reducing costs, and expediting adjudication, thus ensuring prompt justice and more effective protection of rights.

The research has shown that this cooperation may take on a mandatory nature, as in cases where the law imposes specific procedural obligations on litigants, foremost among which is the obligation to act in good faith in the conduct of the case. Cooperation may also be voluntary, initiated by the litigants through voluntary agreements aimed at regulating, simplifying, or amicably settling the case.

Through the analysis, it becomes clear that cooperation is an essential element in developing civil justice, not only from the perspective of procedural speed, but also in terms of achieving quality adjudication and raising the level of litigants' satisfaction. By exchanging documents and information throughout the litigation process, and by the judge's contribution in guiding litigants toward fulfilling the lawsuit's requirements, a balance is achieved between procedural economy and judicial precision. Thus, the study concludes that enshrining the principle of cooperation, whether through legislation or by activating the judge's guiding role, is an urgent necessity for raising the level of civil litigation and achieving effective justice that combines speed, precision, and judicial satisfaction.