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Justice reform: The innovators perspective

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Maurits Barendrecht

on 16 January 2013

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Transcript of Justice reform: The innovators perspective

Trends in access to justice:
The innovator perspective Evidence base Fair and effective solutions
For 10 most frequent and urgent problems
For individuals
Up to 1 billion new problems year worldwide Legal needs surveys in over 30 countries Innovations spotted, followed and analysed at
www.innovatingjustice.com Trends in ways people solve problems
40-60% through agreement
Assisted by family, friend, lawyer, police, social worker, website, radioshow, consumer org, NGO ... and many more
3-10% through third party decision
Vanishing classical trial
Earlier decision by active problem solving judges/arbiters Trends in rule of law literature:
Changing laws difficult and hardly works
Courts and other legal institutions resistant to change
Informal justice works rather well Negotiation, conflict resolution,
dispute system design, civil procedure design
Lab studies
Empirical research
Comparative law in action studies
Best practices collections Basic justice care Much can be improved: more gender/age/power neutral

But ... informal justice experiences get similar ratings as justice experiences in formal courts Consulting 100 experts worldwide 2. Facilitators and Paralegals Working Towards Fair Solutions 5. IT Platforms Supporting Negotiation and Litigation 3. Sharing best practices, evidence based protocols 4. Choice of Third Party Adjudication Processes 1. Legal information targeted on needs of disputants 1000s of helplines, radio shows, court help desks, legal questions websites, leaflets, self help books, community justice centres, sms services, apps ...... Understandable
Tailored
Just in time
Sufficient to cope with problem
Limited options
Easy to put into practice
Reassurance from helpdesk or support group
Learning about concrete solutions that worked for others
Schedules, formulas, criteria But no clear leader in most countries Major trend:
Hybrids between lawyers and mediators
Work for one client
Build bridge to other party
Actively pursuing solution
Fair to both parties
Use problem solving skills
Fixed fee Fast growing major players:
Fixed fee lawyer/mediator hybrids become state of art world wide
Family, employment, other
Paralegal programs in Africa, Asia towards countrywide coverage
Family issues, land, neighbor, public services
Legal expenses insurers Europe/middle income countries
Neighbor, tenure, consumer, public services, personal injury
Each 100.000s issues per year Major platforms developing rapidly, cross border
eBay Resolution Centre (60 million buyer/vendor problems per year worldwide)
LegalZoom ($156m turnover in docs and deeds in 50 US states)
ID program UIDAI issuing 20 million IDs with irisscan per month India
I Paid a Bribe (corruption complaints in India, Kenia and more) Best practices widely shared cross border for:
Divorce and domestic violence
Drug related crime
Children problems
Neighbor mediation Emerging best practices in some countries:
Land and tenure problems
Coping with accidents
Debt related problems Procedures for the millions:
Simple, informal
Specialized for people problem
80% does not need lawyer
Hearing is key
Based on evidence presented by parties
Facilitates settlement
Judgment in few months
Compete with other forums
Mostly funded from fees
Well monitored (client feed-back) Drug courts US Religious family courts
Indonesia Judicial facilitators in villages
Nicaragua, Panama, Paraguay Village courts
Bangladesh Employment courts
Germany Contractual employment arbitration
US Justices of the peace
Belgium Consumer ADR Support by research Support by government What works 5 What also works Policies and justice sector innovation: some observations Pro bono
does not reach people who need it
Just offering facilitative mediation
Submission problem
Broad subsidies for legal aid
too expensive
Giving courts more money and people
little impact on performance
Court reform programs
slow to have impact on access
Waiting for case law and precedents Public interest litigation
Programs focused on people with multiple problems
Legal aid in criminal investigations regarding severe crimes Progress: 10s of millions see problems solved Issues for Innovators No international market for innovations in procedures (not invented here syndrome) Legal challenges instead of recognition Equal Access to funding Innovators seldom mention researchers as key contributors Our experience: Innovators need guidance and confirmation. They love international best practices. Most comparative research still focuses on rules. Not on ways problems are solved in real life Public research money often goes to testing ideas of politicians Measuring effectiveness of programs/projects is done
(but mostly for new interventions)
Measuring effectiveness of interventions is more useful Can researchers form partnerships to develop best practices protocols for most urgent problems? Level playing field?
Most subsidies go to traditional players: courts and lawyers Access to Justice Task Forces often lead by a Lord Chief Justice or Famous Retired Lawyer
How about engaging an innovator? Innovators are not invited to set up specialized tribunals and compete with courts Courts are restrained in their innovation capabilities
Do not have power to set rules of procedures
Difficult for judge or outside innovator to set up competing adjudication services Governments do not yet systematically measure what works to solve problems More at: Thank you Estimate:
A grown up person has difficult to solve justice problem
Every 8 years on average Unclear what justice systems spend on R&D of their services
Unlikely to be 2 or 3% of budgets which is normal Thomson Reuters August 29, Legal Matters: Prof. Maurits Barendrecht
j.m.barendrecht@uvt.nl
@MauritsBarendr 3 million rural people have access in Paraguay, Panama, Nicaragua and Guatemala in 2011
Around 300.000 issues addressed each year
Countrywide coverage in Nicaragua Elected in local community
White T-shirt
Trained in basic norms and conflict resolution
Helps judge with serving documents
Mediates neigbor, domestic and land conflicts
At home or in school
Brings difficult cases to judge
Member of team supervised by judge
Part of judicial system (around 1% of funds) Not many partnerships between research institutes and innovators Judges and lawyers have a big say in regulation of legal services. Other providers not. Procedural reform by legislation/rulemaking takes many years and is not having major impact Governments support projects ad hoc
Open innovation funds?
Processes for scaling up successful projects?
2-3% spent on research and development? Hodges et al.
mention estimates of 750 CADR in Europe
95 in UK Recent policy documents focus on access to fair solutions for problems Most political debate is about the way lawyers and courts are funded Innovation improves access to justice for millions
Can we build justice sector strategies on this? Not really working Codes of conduct, manuals, pre-action protocols, guidelines, Q and A interfaces, etc. etc. Quality standards, benchmarks focusing
on services delivered
instead of service providers Browse this presentation on prezi.com!
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