The author is an attorney admitted to practice in Mexico, New York and New Jersey. He is the founder of the law firm of Coufal Abogados in Guadalajara, Mexico. This article was delivered as a presentation at the October 1994 International Commercial Colloquium and Seminar held in San Francisco.
The Mexican judicial system suffers from many of the same chronic maladies that plague the U.S. system: crowded dockets, politicization in the appointment and confirmation of judges, inadequate compensation of judges and an arcane court administration. Just as abuse of the pre-trial discovery process has caused a crisis of confidence in the U.S. courts, abuse of the writ of amparo to postpone final judgment has shaken confidence in the Mexican courts.1 The resolution of disputes through the courts is a lengthy, costly and unpredictable process. Justice often seems fleeting on either side of the Rio Grande.