Post on 24-May-2015
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Dr. Luis María PalmaDean, The School of the Graduate Studies,
University of Belgrano, Argentina
Leadership and Change Management:The Roles and Challenges in Change and Transformation Management in Courts
6th International IACA Conference "Court Excellence in a Changing World“
Dubai, December 9-10, 2013
Globalization, Society and Justice
A Changing World
The Modernization Process
A New Paradigm
Strategy
Perspectives
TOPICS
Technology, Space and Time
Developments in Knowledge, Science and ICT
Nation State Matrix and Judicial Systems
Judicial Systems and Regulatory Rigidities
Mismatches between supply of services and social demand
Desynchronization
GLOBALIZATION, SOCIETY AND JUSTICE
Pyramidal StructureBureaucratic and Slow Procedures
Outdated Working Methods
Scarce Processing and Use of Information
Concentration of Jurisdictional and Administrative Activity
Confusion between Judicial Independence and Management
Root Causes Theoretical and Abstract Undergraduate Education The Role of the Judge in a Classic View Legal Language
A CHANGING WORLDThe Traditional Paradigm and Its Problems
Changes in the regulatory framework Management Systems Increased information accessible to the
public New Organs Judicial Councils, Public Defender, Public Prosecutor,
the Ombudsman, Anti-Corruption Office
Alternative Dispute Resolution, Legal Assistance, Small Claims Courts
Increasing amount and complexity of the caseload and the number of users
A CHANGING WORLD
Rule of Law and Judicial Modernization
Institutional Actors Public Authorities / Public Powers Professional Associations NGO Educational Institutions Civic Dialogue Forums
Individual Actors Judges, Prosecutors, Public Defenders Officers Clerks Auxiliary Staffers Attorneys Individuals
THE MODERNIZATION PROCESS
Dissemination
Dialogue and Consensus Building
Cooperation
Operation Manuals Designing
Designing and implementation of Pilot Experiences
Continuous Training of Actors
Training of Trainers
Adjustment and Multiplication of Best Practices
Improvements based on Existing Court Models
Gradual Designing of New Court Models
THE MODERNIZATION PROCESS TODAY
A NEW PARADIGM
Justice as a System
Access to Justice: Diversity of pathways
Training: Continuing education
Management: Organization of the work, casemanagement, leadership, teamwork and use of ICT
Administration: General operation of the system,judiciary, optimal use of resources, governance andstrategic planning
Infrastructure: Physical environment, material andtechnological inputs
Regulations: Rules of organization and operation
Consensus Building: Awareness raising, disseminationand dialogue
Cooperation: Constant interaction
JUSTICE AS A SYSTEM
Access to Justice: Diversity of pathways
Training: Continuing education
Management Organization of the work, casemanagement, leadership, teamwork and use of ICT
Administration: General operation of the system,judiciary, optimal use of resources, governance andstrategic planning
Infrastructure: Physical environment, material andtechnological inputs
Regulations: Rules of organization and operation
Consensus Building: Awareness raising, disseminationand dialogue
Cooperation: Constant interaction
And The Judge in the Traditional Model
JUSTICE AS A SYSTEM
Access to Justice: Diversity of pathways
Training: Continuing education
Management Organization of the work, casemanagement, leadership, teamwork and use of ICT
Administration: General operation of the system,judiciary, optimal use of resources, governance andstrategic planning
Infrastructure: Physical environment, material andtechnological inputs
Regulations: Rules of organization and operation
Consensus Building: Awareness raising, disseminationand dialogue
Cooperation: Constant interaction
ANDThe Court Administrator
Cooperation in Non Jurisdictional Activity
JUSTICE AS A SYSTEM
STRATEGY:
Decision Making
Implementation through
Dialogue and Participation
Leadership Position and Election
Evolution: Dependence
Independence
Interdependence
Leadership
Dialogue with Actors
Macro and Micro Levels
Dissemination: BenefitsThree Moments: To realize - To want - To find a way
Gradual Evolution
Participation
THE CULTURAL CHANGE
Intelligence, Will, Patience, and… Results
Active Participation of
Judges, Officers, Clerks, Auxiliary Staffers, Attorneys
and General Public
The most effective way to replicate best practices and turn into a reality the
continuous improvement throughout theJudicial System
A KEY CONDITION
THE MODERNIZATION PROCESS
Techniques… Change
Principles… don’t Change
Strengthening Justice
Vision and Mission
International Organizations
Cooperation Networks
Endless Change Process
PERSPECTIVES