https://www.proz.com/kudoz/english-to-spanish/law-general/6933628-case-review.html
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Feb 25, 2021 16:57
3 yrs ago
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English term

case review

English to Spanish Law/Patents Law (general) Family Law United States
This refers to a specific type of mediation in a family court setting. In this particular court, when a person files a petition for an order of protection from abuse, the first court procedure is a mediation that they call a case review. The purpose is to see if both parties can come to an agreement to avoid trial. Usually, the respondent has to agree not to contact the petitioner and not to approach the petitioner's person ,workplace or home. Sometimes there are other conditions. This way, the petitioner gets what he/she wants, and the respondent avoids the possibility of a finding of abuse against him/her.

I think they decided to use the expression "case review" as a kind of placeholder. It's not really a "case review" at all, since it occurs at the beginning of the case. It's not a "review" of anything. I thought of something like "conferencia previa a juicio" or "conferencia de resolucion," but I would like to know if anyone has another suggestion.

Gracias de antemano.

Discussion

Robert Carter Feb 27, 2021:
@Kathleen Thanks for clarifying. The way you described it at first sounded like the mediation was taking place in court. How about if we attempt to explain it in a concise way then, for example, something along the lines of "avenimiento por intermediario"?
Kathleen Shelly (asker) Feb 26, 2021:
Sorry, but no. The description from the Family Court glossary addresses the use of the term in criminal proceedings. This is an entirely different proceeding. It is a personal one-on-one interview between a mediator and a petitioner about what the petitioner with the protection from abuse order to contain, and then a separate one-on-one interview between the mediator and the respondent to find out if the respondent accepts the terms. I don't know how to explain this procedure more clearly than that. It is not an "audiencia" of any kind. I should know. I work in the Delaware courts. They have taken a term from the criminal proceeding and applied it to the civil proceedings just for expedience. "Case review" doesn't actually describe the procedure, and I am looking for something more descriptive.

Thanks anyway!
Robert Carter Feb 26, 2021:
I agree with Toni. While the legal area is different (family law vs. criminal law), the mechanism seems strikingly similar in that in both cases it's a way of potentially avoiding trial, which is what you've suggested above and in the previous question you asked.
However, there is also another angle that you may not have considered.

Look at the second sentence in this entry from a "Family Court Glossary" from Delaware:
"CASE REVIEW: To review the evidence in an attempt to generate an offer and acceptance of a plea agreement. A process by which counsel for the State and the defendant or respondent in adult criminal and juvenile delinquency cases appears before a Family Court Judge."
https://courts.delaware.gov/help/proceedings/fcglossary.aspx

Kathleen Shelly (asker) Feb 25, 2021:
Same term, totally different context.
Toni Castano Feb 25, 2021:
@Kathleen Over 12 years ago you asked... exactly the same question? Had you forgotten it? The context does not seem very different now.
https://www.proz.com/kudoz/english-to-spanish/law-general/30...

Proposed translations

+1
3 mins

audiencia previa [al juicio]

Suerte
Peer comment(s):

agree Barbara Cochran, MFA
6 mins
Gracias, Barbara.
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4 hrs

examen de la causa

En los procesos de conciliación se contempla el "case evaluation", el cual tiene las características que describes en tu caso. https://www.themediationgroup.org/news/defining-case-evaluat...
Asimismo, este proceso en español se conoce como "examen de la causa"
https://www.minjusticia.gov.co/portals/0/mjd/docs/arbol/6001...
No soy experto en el área, pero te dejo estas ideas para que las consideres.
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