Download or read book How to Measure the Price and Quality of Access to Justice written by Maurits Barendrecht and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Handbook for Measuring the Costs and Quality of Access to Justice written by Martin Gramatikov and published by Maklu. This book was released on 2010 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Measuring the Costs and Quality of Paths to Justice written by Martin Gramatikov and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Needs Surveys and Access to Justice written by OECD and published by OECD Publishing. This book was released on 2019-05-31 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report offers an empirical tool to help planners, statisticians, policy makers and advocates understand people's everyday legal problems and experience with the justice system. It sets out a framework for the conceptualisation, implementation and analysis of legal needs surveys and is ...
Download or read book Costs and Quality of Online Dispute Resolution written by Martin Gramatikov and published by Maklu. This book was released on 2012 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Access to Justice written by Rebecca L. Sanderfur and published by Emerald Group Publishing. This book was released on 2009-03-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Legal Needs Surveys and Access to Justice written by and published by . This book was released on 2019 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report offers an empirical tool to help planners, statisticians, policy makers and advocates understand people's everyday legal problems and experience with the justice system. It sets out a framework for the conceptualisation, implementation and analysis of legal needs surveys and is informed by analysis of a wide range of national surveys conducted over the last 25 years. It provides guidance and recommendations in a modular way, allowing application into different types of surveys. It also outlines opportunities for legal needs-based indicators that strengthen our understanding of access to civil justice.
Download or read book The World Bank Legal Review Volume 5 written by Hassane Cisse and published by World Bank Publications. This book was released on 2013-11-26 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the potentially transformative role of effective laws and legal institutions in providing people with more opportunity that is both inclusive and equitable.
Download or read book Justice as Experienced by the User written by Martin Gramatikov and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Equal Justice written by Frederick Wilmot-Smith and published by Harvard University Press. This book was released on 2019-10-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.
Download or read book Legal Services Regulation at the Crossroads written by Noel Semple and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who should be allowed to provide legal services to others? What characteristics must these services possess? Through a comparative study of English-speaking jurisdictions, this book illuminates the policy choices involved in legal services regulation a
Download or read book The Cost of Law written by Gillian K. Hadfield and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans represent themselves in routine legal matters daily in our over-burdened courts. Obtaining ex ante legal advice is effectively impossible for almost everyone except larger corporate entities, organizations and governments. In this paper, I explain why, as a matter of economic policy, it is essential that the legal profession abandon the prohibition on the corporate practice of law in order to remedy the access problem. The prohibitions on the corporate practice of law rule out the use of essential organizational and contracting tools widely used in most industries to control costs, improve quality and reduce errors. This keeps prices for legal assistance high by cutting the industry off from the ordinary economic benefits of scale, data analysis, product and process engineering and diversified sources of capital and innovation. Lawyers operating in law firms have not generated these benefits but they have appeared in settings, such as basic document completion, and countries, such as the U.K., where the corporate practice of law doctrine does not prevail. Eliminating restrictions on the corporate practice of law can significantly improve the access ordinary Americans have to legal help in a law-thick world.
Download or read book Rights and Legal Empowerment in Eradicating Poverty written by Dan Banik and published by Ashgate Publishing, Ltd.. This book was released on 2008-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: How best to improve the position of the world's poorest people remains one of the major issues facing the human species. This book investigates the role that legal empowerment and rights (including human rights) can play in tackling poverty and enabling poor people in developing countries to take action to improve their positions.
Download or read book The Cost of Law written by Gillian K. Hadfield and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans represent themselves in routine legal matters daily in our over-burdened courts. Obtaining ex ante legal advice is effectively impossible for almost everyone except larger corporate entities, organizations and governments. In this paper, I explain why, as a matter of economic policy, it is essential that the legal profession abandon the prohibition on the corporate practice of law in order to remedy the access problem. The prohibitions on the corporate practice of law rule out the use of essential organizational and contracting tools widely used in most industries to control costs, improve quality and reduce errors. This keeps prices for legal assistance high by cutting the industry off from the ordinary economic benefits of scale, data analysis, product and process engineering and diversified sources of capital and innovation. Lawyers operating in law firms have not generated these benefits but they have appeared in countries, such as the U.K., where the corporate practice of law doctrine does not prevail. Eliminating restrictions on the corporate practice of law can significantly improve the access ordinary Americans have to legal help in a law-thick world.
Download or read book OECD Guidelines on Measuring Trust written by Collectif and published by OECD. This book was released on 2017-11-27 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trust, both interpersonal trust, and trust in institutions, is a key ingredient of growth, societal well-being and governance. As a first step to improving existing measures of trust, the OECD Guidelines on Measuring Trust provide international recommendations on collecting, publishing, and analysing trust data to encourage their use by National Statistical Offices (NSOs). The Guidelines also outline why measures of trust are relevant for monitoring and policy making, and why NSOs have a critical role in enhancing the usefulness of existing trust measures. Besides looking at the statistical quality of trust measures, best approaches for measuring trust in a reliable and consistent way and guidance for reporting, interpretation and analysis are provided. A number of prototype survey modules that national and international agencies can use in their household surveys are included. These Guidelines have been produced as part of the OECD Better Life Initiative, a pioneering project launched in 2011, with the objective to measure society’s progress across eleven domains of well-being. They complement a series of similar measurement guidelines on subjective well-being, micro statistics on household wealth, integrated analysis of the distribution on household income, consumption and wealth, as well as the quality of the working environment.
Download or read book Middle Income Access to Justice written by M. J. Trebilcock and published by University of Toronto Press. This book was released on 2012-01-01 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest.
