Towards Basic Justice Care for Everyone16 April 2012Innovating Justice Forum
Do people get justice?• Trends in legal problem surveys and NGO reports  allow very rough estimates• 1.000 adult people ha...
Our World ....
At least1 billionnewproblemseach year!
50% notsolvedor notsolvedfairly
20% morecan be solvedwith currentbest practices
200 millionunnecessaryproblemseach year!    20% more              can be solved              with current              bes...
That is a lot of injustice …and the price is high:–   Stress for people involved–   Health problems–   Disturbed relations...
Courts and legal aidcannot close this gap !• Only 5% of problems ever reaches a court   – Even in high income countries   ...
30%: moreInnovation   innovations             neededis neededto closethe gap!
How do people solve problems?
Talking, settling, negotiating …..  – Assisted by friends, family, local helpers, NGOs, paralegals,    lawyers, mediators,...
So promising strategies tend to ….   Strengthen capabilities of people      – to communicate, settle, negotiate …..and   I...
7 strategiesfor closing the Access to Justice Gap
Strategy 1Specialisation, terms of reference andmonitoring •   Specialised courts and legal services are more     effectiv...
Strategy 2Legal information targeted onneeds of disputants • Understandable, tailored to problem, arriving just   in time,...
Strategy 3IT Platforms supporting negotiationand litigation • IT platforms supply tools for assembling legal   documents •...
Strategy 4Facilitators and Paralegals WorkingTowards Fair Solutions •   Combine elements of the traditional roles of     l...
Strategy 5Improve choice of third partyadjudication processes • Create alternative adjudication mechanisms • Plaintiff has...
Strategy 6Using Reputation to Induce Compliance •   Old, new and social media use reputation as     a ‘big stick’ can work...
Strategy 7Sharing Practices and Evidence BasedProtocols •   Guidelines and good practices for domestic violence,     land ...
Our input•   Trend Report summarising research    and good practices•   Seven promising approaches•   Issues for discussio...
Stategies in practiceInterview with experts
Strategy 1Specialisation, terms of reference andmonitoring Anton Shelupanov Center for Court Innovation Supporting innnova...
Strategy 2Legal information targeted onneeds of disputants Martin Jones Law for Life UK The newest in public legal education
Strategy 3 & 5IT Platforms & Improve choice of thirdparty adjudication processes Chittu Nagarajan Modria Online dispute re...
Strategy 4Facilitators and Paralegals WorkingTowards Fair Solutions Simeon Koroma Timap for Justice A state of the art par...
Strategy 6Using Reputation to Induce Compliance •   Old, new and social media use reputation as     a ‘big stick’ can work...
To think about and discuss• How can the legal system  work with reputation?• How to keep the balance  between transparency...
Strategy 7Sharing Practices and Evidence BasedProtocols Naw Mugay International Rescue Committee Informal and formal adjud...
You are the experts•   We look forward to learn about your    experiences about what works•   We are eager to hear in whic...
In a world where everyone has accessto Justice, we accomplishEmpowerment, Growth, Peace.  What can be done  to close the g...
Working groups• Each of you has been assigned to  participate in specific working groups.• The left sticker on your name t...
Sharing best practices, Towards basic justice for everyone                           ?
Innovating Justice Forum | Maurits Barendrecht | Presentation
Innovating Justice Forum | Maurits Barendrecht | Presentation
Innovating Justice Forum | Maurits Barendrecht | Presentation
Innovating Justice Forum | Maurits Barendrecht | Presentation
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Innovating Justice Forum | Maurits Barendrecht | Presentation

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HiiL | Innovating Justice Forum
16 April 2012, 7AM, The Hague, The Netherlands

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Towards Basic Justice Care for Everyone

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Innovating Justice Forum | Maurits Barendrecht | Presentation

  1. 1. Towards Basic Justice Care for Everyone16 April 2012Innovating Justice Forum
  2. 2. 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 ….
  3. 3. Our World ....
  4. 4. At least1 billionnewproblemseach year!
  5. 5. 50% notsolvedor notsolvedfairly
  6. 6. 20% morecan be solvedwith currentbest practices
  7. 7. 200 millionunnecessaryproblemseach year! 20% more can be solved with current best practices
  8. 8. That is a lot of injustice …and the price is high:– Stress for people involved– Health problems– Disturbed relationships– Lack of trust– High economic costsSustained feelings of injusticecan lead to violence!
  9. 9. Courts and legal aidcannot 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
  10. 10. 30%: moreInnovation innovations neededis neededto closethe gap!
  11. 11. How do people solve problems?
  12. 12. Talking, settling, negotiating ….. – Assisted by friends, family, local helpers, NGOs, paralegals, lawyers, mediators, community justice centres, websites, police … and many moreAsking third parties to decide ….. – Tribunals, informal courts, juries, arbiters, judges, local leaders, media, government officials, committees … and many more
  13. 13. So promising strategies tend to …. Strengthen capabilities of people – to communicate, settle, negotiate …..and Improve options to ask third party to decide ….. – More choice, less reliance on cooperation opponent, lower cost, faster, more transparent
  14. 14. 7 strategiesfor closing the Access to Justice Gap
  15. 15. Strategy 1Specialisation, terms of reference andmonitoring • 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
  16. 16. Strategy 2Legal information targeted onneeds 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
  17. 17. Strategy 3IT Platforms supporting negotiationand litigation • IT platforms supply tools for assembling legal documents • Online mediation, negotiation, information, adjudication (ODR) • Websites can support conflict resolution tasks Ask questions, organise negotiation, supply legal information, bring order in facts, involve a judge, mobilise community members ….
  18. 18. Strategy 4Facilitators and Paralegals WorkingTowards 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
  19. 19. Strategy 5Improve choice of third partyadjudication 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!
  20. 20. Strategy 6Using Reputation to Induce Compliance • Old, new and social media use reputation as a ‘big stick’ can work even against powerful defendants
  21. 21. Strategy 7Sharing Practices and Evidence BasedProtocols • 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
  22. 22. Our input• Trend Report summarising research and good practices• Seven promising approaches• Issues for discussion and draft Recommendations
  23. 23. Stategies in practiceInterview with experts
  24. 24. Strategy 1Specialisation, terms of reference andmonitoring Anton Shelupanov Center for Court Innovation Supporting innnovative, specialised courts in the US
  25. 25. Strategy 2Legal information targeted onneeds of disputants Martin Jones Law for Life UK The newest in public legal education
  26. 26. Strategy 3 & 5IT Platforms & Improve choice of thirdparty adjudication processes Chittu Nagarajan Modria Online dispute resolution serving millions of clients eBay Resolution Centre and Community Court
  27. 27. Strategy 4Facilitators and Paralegals WorkingTowards Fair Solutions Simeon Koroma Timap for Justice A state of the art paralegal program in Sierra Leone
  28. 28. Strategy 6Using Reputation to Induce Compliance • Old, new and social media use reputation as a ‘big stick’ can work even against powerful defendants
  29. 29. To think about and discuss• How can the legal system work with reputation?• How to keep the balance between transparency and privacy?
  30. 30. Strategy 7Sharing Practices and Evidence BasedProtocols Naw Mugay International Rescue Committee Informal and formal adjudication in refugee camps in Thailand
  31. 31. 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.
  32. 32. In a world where everyone has accessto Justice, we accomplishEmpowerment, Growth, Peace. What can be done to close the gap!
  33. 33. 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
  34. 34. Sharing best practices, Towards basic justice for everyone ?

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