innovating justice forum | maurits barendrecht | presentation
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HiiL | Innovating Justice Forum16 April 2012, 7AM, The Hague, The NetherlandsPresentationTowards Basic Justice Care for EveryoneTRANSCRIPT
Towards Basic Justice Care for Everyone16 April 2012
Innovating Justice Forum
Do people get justice?
• Trends in legal problem surveys and NGO reports allow very rough estimates
• 1.000 adult people have 300 serious problems/year– Just as health problems: some life threatening, some very
serious, some with less impact
– Ten most frequent and urgent problems come with our most vital and close relationships: family, at work, using land, with local government ….
Our World ....
At least1 billion new problems each year!
50% notsolvedor notsolvedfairly
20% more can be solvedwith currentbest practices
200 million unnecessary problems each year! 20% more
can be solvedwith currentbest practices
That is a lot of injustice …
and the price is high:– Stress for people involved
– Health problems
– Disturbed relationships
– Lack of trust
– High economic costs
Sustained feelings of injustice can lead to violence!
Courts and legal aid cannot close this gap !• Only 5% of problems ever reaches a court
– Even in high income countries– Too formal, not always solving problems
• Traditional legal aid programs not sustainable– Trained lawyer for each problem too expensive
• Governments have trouble to develop good strategies
30%: moreinnovationsneeded
Innovationis neededto closethe gap!
How do people solve problems?
Talking, settling, negotiating …..– Assisted by friends, family, local helpers, NGOs, paralegals,
lawyers, mediators, community justice centres, websites, police … and many more
Asking third parties to decide …..– Tribunals, informal courts, juries, arbiters, judges, local
leaders, media, government officials, committees … and many more
So promising strategies tend to ….
Strengthen capabilities of people– to communicate, settle, negotiate …..
Improve options to ask third party to decide …..– More choice, less reliance on cooperation
opponent, lower cost, faster, more transparent
and
for closing the Access to Justice Gap
7 strategies
Strategy 1Specialisation, terms of reference and monitoring
• Specialised courts and legal services are more effective
Land conflicts, neighbour conflicts, divorce, consumer complaints ….
• Benchmarking and monitoring keeps everybody on track, clients know better what to expect
Strategy 2Legal information targeted on needs of disputants
• Understandable, tailored to problem, arriving just in time, sufficient, limited options, easy to put into practice, giving assurance
• Criteria for fair solutions help: schedules for compensation, child support guidelines, usual remedies
Strategy 3IT Platforms supporting negotiation and litigation
• IT platforms supply tools for assembling legal documents
• Online mediation, negotiation, information, adjudication (ODR)
• Websites can support conflict resolution tasksAsk questions, organise negotiation, supply legal information, bring order in facts, involve a judge, mobilise community members ….
Strategy 4Facilitators and Paralegals Working Towards Fair Solutions
• Combine elements of the traditional roles of lawyers, mediators and judges. Local people … using global knowledge and skills
• Work for one party …. reaching out to the other party
Strategy 5Improve choice of third party adjudication processes
• Create alternative adjudication mechanisms• Plaintiff has realistic option of accessible adjudication• Simple court procedures: fast, affordable, good
quality Informal tribunal, ombudsman, religious court, specialised tribunal, radio show, local leader, government agency …
Monitoring third parties always needed!
Strategy 6Using Reputation to Induce Compliance
• Old, new and social media use reputation as a ‘big stick’ can work even against powerful defendants
Strategy 7 Sharing Practices and Evidence Based Protocols
• Guidelines and good practices for domestic violence, land conflicts, employment termination ….. are emerging
• Integrating negotiation and adjudication
• Practice and research provide knowledge on what works
Our input
• Trend Report summarising research and good practices
• Seven promising approaches• Issues for discussion and draft
Recommendations
Stategies in practice Interview with experts
Anton ShelupanovCenter for Court InnovationSupporting innnovative, specialised courts in the US
Strategy 1Specialisation, terms of reference and monitoring
Martin JonesLaw for Life UKThe newest in public legal education
Strategy 2Legal information targeted on needs of disputants
Chittu NagarajanModria Online dispute resolution serving millions of clients eBay Resolution Centre and Community Court
Strategy 3 & 5IT Platforms & Improve choice of third party adjudication processes
Simeon KoromaTimap for JusticeA state of the art paralegal program in Sierra Leone
Strategy 4Facilitators and Paralegals Working Towards Fair Solutions
Strategy 6Using Reputation to Induce Compliance
• Old, new and social media use reputation as a ‘big stick’ can work even against powerful defendants
To think about and discuss
• How can the legal system work with reputation?
• How to keep the balancebetween transparency andprivacy?
Naw MugayInternational Rescue CommitteeInformal and formal adjudication in refugeecamps in Thailand
Strategy 7 Sharing Practices and Evidence Based Protocols
You are the experts
• We look forward to learn about your experiences about what works
• We are eager to hear in which strategies you believe.
• Please tell us what you recommend stakeholders to do.
What can be doneto close the gap!
In a world where everyone has access to Justice, we accomplish Empowerment, Growth, Peace.
Working groups
• Each of you has been assigned to participate in specific working groups.
• The left sticker on your name tag is about the 1st round
Sharing best practices, Towards basic justice for everyone
?