www.innovatingjustice.com

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 Confucianharmony (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 EslambolyPresident LawGuru

Service of Judicial Facilitators

Pedro Vuskovic CéspedesCoordinator of the Inter-American Program of Judicial Facilitators Organization of American States

Service of Judicial Facilitators

Pedro Vuskovic CéspedesCoordinator 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 RuleCEO Modria.com

I Paid A Bribe

Ramesh RamanathanCo-founder Janaagraha Centre for Citizenship and Democracy

E-Court

Henriette NakadFounder 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 WiggersFounder Weagree B.V.

A. Generating Possibilities

1. Vision and commitment from government

2. Focus on users, frontline staff and middle managers

3. Diversity

4. Scanning of horizons and margins: a process need

5. Developing capacity for creative thinking

6. Working backwards from outcome goals: terms of reference

7. Creating time and space

8. Allow breaking the rules

9. 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, IMIInter-Cultural Taskforce of the IMI Independent Standards Commission (ISC), International Mediation Institute (IMI)

B. Developing Innovations

1. Appropriate selection of fruitful ideas: simplifying procedures

2. Adequate risk management

3. Fostering innovation champions

4. Creating incubating space

5. Involving incubators and public-private partnerships

6. Introduce modeling

7. Better funding for early development

8. Involving end users at all stages

Use of Medical Experts to Secure Release from Pretrial Detention in Russia

Dmitry DinzeHumanitarian Action

C. Replicating and Scaling Up

1. Improved incentives for individuals and teams

2. Improved incentives for organizations

3. Scaling up and disruptive innovation

4. Specialize and beware of early standardization

5. Change management

D. Analyzing and Learning

1. Metrics for success

2. Real time learning

3. Peer and user involvement

4. Double loop learning

5. 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 GroupChair of the Innovating Justice Awards Jury

The Finalists

Service of Judicial Facilitators6261 votes E-Court5582 votes Use of Medical Experts to Secure Release from Pretrial Detention in Russia 346 votes

Total of votes given 13016

The Winner is…

The Winner is…

The Winner is…

The Winner is…