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 A Framework for Measuring the Costs of Paths to Justice 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: 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.
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 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 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 Designing Indicators for a Plural Legal World written by Siddharth Peter de Souza and published by Cambridge University Press. This book was released on 2022-08-31 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Equal Access to Justice for Inclusive Growth Putting People at the Centre written by OECD and published by OECD Publishing. This book was released on 2019-03-28 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Measuring Access to Justice written by Jin Ho Verdonschot and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Access to Justice Beyond the State Courts written by Aimé-Parfait Niyonkuru and published by LIT Verlag Münster. This book was released on 2021-12-28 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Paths to Justice written by Hazel Genn and published by Bloomsbury Publishing. This book was released on 1999-11-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of the largest survey of public attitudes towards the civil justice system ever conducted by either an independent party or government agency. This survey explored the behaviour of the public in dealing with potential legal disputes and problems,as well as potential plaintiffs or potential defendants. It identified the strategies adopted by those involved in potentially justiciable events to resolve or conclude the matter, use of courts and ADR; and the factors that propel litigants towards the legal system. Of vital importance in policy formation, it also identified structural factors, such as costs and procedures, or lack of knowledge, which prevent access to the legal system where it is desired. The survey further assessed the effect of this lack of access to the formal legal system of individuals.
Download or read book Access to Justice in Iran written by Sahar Maranlou and published by Cambridge University Press. This book was released on 2015 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.
Download or read book The Justice Crisis written by Trevor C.W. Farrow and published by UBC Press. This book was released on 2020-09-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.
Download or read book The Foundations of European Private Law written by Roger Brownsword and published by Bloomsbury Publishing. This book was released on 2011-09-19 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
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 Development Assistance for Peacebuilding written by Rachel M. Gisselquist and published by Routledge. This book was released on 2017-07-28 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Development assistance to fragile states and conflict-affected areas can be a core component of peacebuilding, providing support for the restoration of government functions, delivery of basic services, the rule of law, and economic revitalization. What has worked, why it has worked, and what is scalable and transferable, are key questions for both development practice and research into how peace is built and the interactive role of domestic and international processes therein. Despite a wealth of research into these questions, significant gaps remain. This volume speaks to these gaps through new analysis of a selected set of well-regarded aid interventions. Drawing on diverse scholarly and policy expertise, eight case study chapters span multiple domains and regions to analyse Afghanistan’s National Solidarity Programme, the Yemen Social Fund for Development, public financial management reform in Sierra Leone, Finn Church Aid’s assistance in Somalia, Liberia’s gender-sensitive police reform, the judicial facilitators programme in Nicaragua, UNICEF’s education projects in Somalia, and World Bank health projects in Timor-Leste. Analysis illustrates the significance of three broad factors in understanding why some aid interventions work better than others: the area of intervention and related degree of engagement with state institutions; local contextual factors such as windows of opportunity and the degree of local support; and programme design and management. This book was originally published as a special issue of the journal International Peacekeeping. The Open Access version of this book, available at https://www.taylorfrancis.com/books/e/9781351624572, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Download or read book Foundations of Civil Justice written by Fabien Gélinas and published by Springer. This book was released on 2015-06-26 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the civil justice system, and in doing so potentially allows for conscious, reflected and enlightened choices about the values that are to be prioritized in the reform of justice systems.
