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Author: Martin Gramatikov
Publisher: Maklu
ISBN: 9046603121
Category : Law
Languages : en
Pages : 98
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Book Description
This handbook was developed by the Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (The Netherlands). It offers practical information on the use of a methodology for measuring the cost and quality of paths to justice, from the perspective of users. How do clients of justice systems like the way in which their needs and concerns are voiced? Do they feel they received sufficient information about the procedure? Do they think the outcome was fair and did it help to solve their problem? Do they think the procedure was a value for their money? How much time did they spend? This methodology provides answers to such questions so that citizens using the justice system can voice their needs and providers of justice services can improve their processes.
Author: Martin Gramatikov
Publisher: Maklu
ISBN: 9046603121
Category : Law
Languages : en
Pages : 98
Get Book Here
Book Description
This handbook was developed by the Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (The Netherlands). It offers practical information on the use of a methodology for measuring the cost and quality of paths to justice, from the perspective of users. How do clients of justice systems like the way in which their needs and concerns are voiced? Do they feel they received sufficient information about the procedure? Do they think the outcome was fair and did it help to solve their problem? Do they think the procedure was a value for their money? How much time did they spend? This methodology provides answers to such questions so that citizens using the justice system can voice their needs and providers of justice services can improve their processes.
Author: Martin Gramatikov
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Legal problems and justice needs are similar in different jurisdictions and different locations. Processes for resolving them, as well as rules determining outcomes vary widely, however. Measuring the price (costs) and quality of such 'paths to justice' from the perspective of the user is likely to enhance users' choice, enable comparison and learning, to increase transparency, and to create incentives for improving access to justice. This paper discusses the contours of a methodology for this purpose and of some concrete tools for measuring costs, procedural quality, and outcome quality. Conceptualization of a path to justice, criteria and items included in the measurement framework, as well as different data collection methods, are presented. Experiences from two pilot studies give insight in the challenges that lie ahead, and in the potential uses of the (developing) measurement methodology.
Author: Martin Gramatikov
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
For a long time, the official justice mechanisms have been perceived as expensive and unaffordable for the majority of people. In this article, I review the literature on barriers to justice and contemplate the identified barriers as costs that users must spend on their paths to justice. The goal of this paper is to elaborate a framework of categories of the private costs of justice, which should facilitate the measurement and comparison of costs of the paths to justice. Using the criterion of substance of the costs, the framework recognizes three categories - out-of-pocket costs, opportunity costs and intangible costs. For each cost category, I discuss the relevant measurement and validation challenges. A conclusion of the study is that despite the focus of policy actions and research placed on the out-of-pocket costs of justice, the costs from the other two categories are a significant challenge for the accessibility of the paths to justice. The use of the framework is recommended as a more balanced approach to measuring, comparing and understanding the existing barriers faced during the paths to justice.
Author: Martin Gramatikov
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
People who experience a legal problem and pursue its resolution by a neutral person or neutral body have to deal with the costs and quality of legal procedures. High costs of reaching justice and factors related to the quality of procedures and outcomes might be perceived as barriers to access to justice. A person could lump a problem without taking any steps or decide on a strategy taking the expected barriers of access to justice into consideration. The paper includes an overview of the results from an empirical study of consumer related disputes in The Netherlands. The perceptions and evaluations of people who referred their legal problem to the Consumer Dispute Commission were analysed. A web-based questionnaire was distributed to 152 participants who used the procedure and received an outcome in the past 12 months. Three distinct properties of the procedures were measured. These include the costs of the procedure, the quality of the procedure and quality of the outcome. The primary aim of the study is to assess and predict the role of cost, quality of procedure and quality of outcome as barriers to access to justice for this particular path to justice. The results of the study demonstrate that the perceptions of the quality of the outcome are strongly influenced by the favourability of the outcome. Positive evaluations of the quality of the procedure also increase the satisfaction with the outcome but not as strongly as outcome favourability. Monetary and non-monetary costs only have a marginal impact on evaluations of the quality of the procedure and the quality of the outcome. After controlling for the effects of outcome favourability and quality of the procedure, a negative association between monetary costs and the perceived quality of the outcome is observed. The amount of time that users spent on the procedure and the related stress were not found to affect the evaluation of the quality of the outcome. The costs of the procedure as well as the quality of the procedure are only marginal predictors of the quality of the outcome when compared with outcome favourability. This finding has significant effects for providers of paths to justice but has to be interpreted in the light of the specific features and conditions of the dispute resolution procedure carried out by the Consumer Dispute Commission. The relevance of the research findings is discussed in the light of previous research on access to justice and procedural justice.
Author: Martin Gramatikov
Publisher: Maklu
ISBN: 904660473X
Category : Law
Languages : en
Pages : 196
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Book Description
Of the ODR movement and review of the relevant literature / Marta Poblet -- Definitions of online dispute resolution / Simon Thomson & Avrom Sherr -- ODR and trans-border disputes / Przemysław Pecherzewski & Piotr Rodziewicz -- EU regulation on ODR : an introduction and some thoughts / Graham Ross -- Normative and positive developments in the field of online dispute resolution : the European Union level / Bilyana Gyaurova-Wegertseder -- What dispute resolution tasks to support with ODR, and how to support them / Jelle van Veenen -- Measuring the costs of ODR / Martin Gramatikov -- Quality of ODR procedures / Laura Klaming -- Dimension of the quality of the outcome of dispute resolution processes / Martin Gramatikov & Robert Porter.
Author: Maurits Barendrecht
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Citizens need access to a private or public mechanism that induces government officials and other citizens to respect their rights. They need 'paths to justice'. Walking these paths is costly. Disputants, for instance, spend money, time and effort when they bring their case forward in negotiations, in a court action, or in other dispute resolution procedures. In this paper, which presents the first results of a project aimed at developing tools for measuring access to justice, we explore how the price and quality of access to justice can be determined. We identify the issues that have to be resolved, and select a number of options to deal with these issues. Furthermore, we explore some of the difficulties that will arise during the development of an actual measurement framework.
Author: Siddharth Peter de Souza
Publisher: Cambridge University Press
ISBN: 1009276271
Category : Law
Languages : en
Pages : 289
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Book Description
Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264855610
Category :
Languages : en
Pages : 204
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Book Description
This report looks at how governments can ensure that everyone has access to justice, and that justice processes and services are responsive to people’s needs. Based on lessons derived from people-centred service delivery, the report identifies access to justice principles and promising practices, as well as measurement tools and indicators to help countries monitor their progress.
Author: Jin Ho Verdonschot
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In this paper, we present a shortlist of criteria and questionnaire items that can be used to evaluate the quality of outcomes of legal procedures and other paths to justice. We define a path to justice as a commonly applied process that users address in order to cope with a legal problem. In our analysis such a path to justice begins when the user first addresses the process and ends at the moment of an outcome. This can be a final decision by a neutral, a joint agreement by the parties, or an end to the process because one of the parties quits the process. Our measurement instrument aims to assess the quality of this outcome from the perspective of the persons using paths to justice. Criteria only are put on our shortlist if (a) they are regularly proposed in theoretical (normative) literature and (b) empirical research confirms that a substantial part of the population actually uses them to evaluate the outcomes of processes that give access to justice. We draw the criteria for our shortlist from the literature on theories of justice as diverse as distributive justice, restorative justice, corrective justice, retributive justice, transformative justice, legal pragmatism, and formal justice. The proposed criteria and items are intended to become part of a methodology for measuring the price and quality of access to justice from a user's perspective. The paper ends with a discussion of some of the (methodological) challenges: the problems associated with neutral evaluations of outcomes, the ambiguity of outcomes, and the relative weight of each criterion in different settings.
Author: Aimé-Parfait Niyonkuru
Publisher: LIT Verlag Münster
ISBN: 364391377X
Category :
Languages : en
Pages : 189
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Book Description
Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundis formal state court justice system. This book argues that engaging with out-of-court justice in Burundis legal pluralism model may positively impact on peoples access to justice, particularly for the poor and the underprivileged.
