LOTF2011 | Maurits Barendrecht, Innovating Justice

Justice Sector Innovators: We Better Reward Them! Maurits Barendrecht Tilburg Institute for the Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (TISCO) 2011 Rule of Law Chair at Hague Institute for the Internationalisation of Law (HiiL)

Law of the future ….
Diverging views, rules and
interests; decentralised and pluralistic
legal ordering (Rosenfeld and others),
Maybe even striving for Confucian
harmony (Peerenboom)

Scenario’s provide visions …
Strengthening the plurality of local, city-level, national, international, public, private, formal and informal mechanisms for accountability (Nelken, Amstutz, Auby, Catá Backer many others)
Interaction between law and other trust-building mechanisms and social entrepreneurship (Smits, Timmerman)

Thinkers identify challenges …
Balancing temptation to manipulate international rules (Pogge)
Less costly and more timely procedures (Hensler)
Applying law we do not completely understand (Gordley) even if different disciplines are involved Larouche)
Enforcement (Sluiter, many others)
Better sanctions/corrections (Rocha Machado)

Rule of law Innovators
Modern Investigative Techniques | Karen Tse, Founder and CEO International Bridges to Justice LawGuru.com | Bahman Eslamboly, President LawGuru Programa Interamericano de Facilitadores Judiciales | Pedro Vuskovic Céspedes Coordinator of the Inter-American Program of Judicial Facilitators Organization of American States The eBay/PayPal Resolution Center | Colin Rule, CEO Modria.com I Paid A Bribe | Ramesh Ramanathan, Co-founder Janaagraha Centre for Citizenship and Democracy E-Court, the first online private court | Henriette Nakad, Founder E-Court Foundation Weagree | Willem Wiggers, Founder Weagree B.V. The IMI Inter-Cultural Mediator Competency Certification | Inter-Cultural Taskforce, IMI Use of Medical Experts to Secure Release from Pretrial Detention in Russia | Dmitry Dinze, Humanitarian Action

Modern Investigative Techniques Training for Public Security Bureau (PSB) Officers in China
Karen Tse
Founder and CEO International Bridges to Justice

LawGuru.com Bahman Eslamboly President LawGuru

Service of Judicial Facilitators Pedro Vuskovic Céspedes Coordinator of the Inter-American Program of Judicial Facilitators Organization of American States

Innovating justice
Launched in July 2009, collaborative effort:
Hague Institute for the Internationalisation of Law (HiiL)
Microjustice Initiative (MJI)
European Academy for Law and Legislation (EALL)
Center for International Legal Cooperation (CILC)
Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (TISCO)
Innovating Justice is supported by:
Dutch Ministry of Economic Affairs, Agriculture and Innovation
City of The Hague

The eBay/PayPal Resolution Center Colin Rule CEO Modria.com

I Paid A Bribe Ramesh Ramanathan Co-founder Janaagraha Centre for Citizenship and Democracy

E-Court Henriette Nakad Founder E-Court Foundation

The Hard Work Innovators Do
Innovation Model: What Makes Justice Sector Innovation Happen?
Determinants Innovation in Public Sector
+ Literature Quality and Efficiency in Justice Sector
= Hypothesis About Factors that Enhance Innovation in Justice Sector
Insights about what works to innovate in the justice sector
Test with data about 50 successful justice innovations from 16 item questionnaire

Innovation Literature
Life for innovators is very complex!
Many factors contribute to innovation:
40 determinants of succesful product innovation (meta-analytic review 108 articles, Becheikh et al. 2006)
27 factors associated to successful public sector innovation

Version 1.5: Preview of Results
Literature review public sector innovation + justice sector reform
9 innovations
Third party dispute resolution/accountability is focus
Courts and other third parties provide shadow of law
Costly procedures = costly legal services
Perceived lack of innovation

27 Factors That Foster Innovation
… according to the innovation literature
Our innovators had to do many of these things very well!
As we will see: Innovation is 1% inspiration and 99% transpiration

Weagree Willem Wiggers Founder Weagree B.V.

A. Generating Possibilities
Vision and commitment from government
Focus on users, frontline staff and middle managers
Diversity
Scanning of horizons and margins: a process need
Developing capacity for creative thinking
Working backwards from outcome goals: terms of reference
Creating time and space
Allow breaking the rules
Competition: the submission problem and regulation of legal services

Justice Sector Analysis
Sarat and Grossman 1975: Problems in Mobilization of Adjudication
Susskind 2008 The End of Lawyers: Predicting commoditization
Hadfield 2008: Regulation of profession blocks innovation
Botero et al. 2003 and Cabrillo et al. 2008: Insufficient incentives on courts to offer better services
Carothers 2006 and Fukuyama 2011: Rule of law and accountability very hard to implement

The IMI Inter-Cultural Mediator Competency Certification Inter-Cultural Taskforce, IMI Inter-Cultural Taskforce of the IMI Independent Standards Commission (ISC), International Mediation Institute (IMI)

B. Developing Innovations
Appropriate selection of fruitful ideas: simplifying procedures
Adequate risk management
Fostering innovation champions
Creating incubating space
Involving incubators and public-private partnerships
Introduce modeling
Better funding for early development
Involving end users at all stages

Use of Medical Experts to Secure Release from Pretrial Detention in Russia Dmitry Dinze Humanitarian Action

C. Replicating and Scaling Up
Improved incentives for individuals and teams
Improved incentives for organizations
Scaling up and disruptive innovation
Specialize and beware of early standardization
Change management

D. Analyzing and Learning
Metrics for success
Real time learning
Peer and user involvement
Double loop learning
Variety of perspectives

Innovators in Justice Sector
Have to work on many factors, probably 27 of them
Are essential for serving legal needs, for making the system work and for building the law of the future
Deserve our deep respect
Need our support

Rule of law Innovators
Modern Investigative Techniques | Karen Tse, Founder and CEO International Bridges to Justice LawGuru.com | Bahman Eslamboly, President LawGuru Programa Interamericano de Facilitadores Judiciales | Pedro Vuskovic Céspedes Coordinator of the Inter-American Program of Judicial Facilitators Organization of American States The eBay/PayPal Resolution Center | Colin Rule, CEO Modria.com I Paid A Bribe | Ramesh Ramanathan, Co-founder Janaagraha Centre for Citizenship and Democracy E-Court, the first online private court | Henriette Nakad, Founder E-Court Foundation Weagree | Willem Wiggers, Founder Weagree B.V. The IMI Inter-Cultural Mediator Competency Certification | Inter-Cultural Taskforce, IMI Use of Medical Experts to Secure Release from Pretrial Detention in Russia | Dmitry Dinze, Humanitarian Action

Innovating Justice Awards
Highlight successful innovations in the justice sector
Rule of Law professionals can identify most promising developments
Innovators motivated to improve and apply innovations across borders
Nominees and applicants for Innovating Justice Awards will be able to share their setbacks, successes and best practices
Develop further with the help of the community, experts and InnovationLab services
Help financiers to find+fund most promising Innovations

Innovating Justice Awards 2012
Your input?  we will take the liberty to email you later:
Do you know a Successful Innovation?
Have an Innovative Idea?
See an important Challenge?
The 2011 nominations help to describe what we are searching for

Innovating Justice Awards 2011
The Jury:
Mr. Hassane Cisse, Deputy General Counsel, Knowledge and Research World Bank Group
Gabriela Knaul , United Nations Special Rapporteur on the Independence of Judges and Lawyers
Veronica Taylor, Director Regulatory Institutions Network, Australian National University
Rankings counted together:
Rank by number of votes
Rank by points given by each jury member for the answers to all 16 questions of the Innovation Model
Rank from each member of the jury

Winner announcement by
Mr. Hassane Cisse ,
Deputy General Counsel, Knowledge and Research World Bank Group
Chair of the Innovating Justice Awards Jury

The Finalists
Service of Judicial Facilitators
6261 votes

E-Court
5582 votes

Use of Medical Experts to Secure Release from Pretrial Detention in Russia
346 votes
Total of votes given 13016

The Winner is…

LOTF2011 | Maurits Barendrecht, Innovating Justice

by HiiL

Accessibility

Categories

Upload Details

Usage Rights

Statistics

LOTF2011 | Maurits Barendrecht, Innovating Justice Presentation Transcript