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Trialogue: Releasing the value of courts
Trend Report 2013HiiL Innovating Justice Contact: [email protected]
Trend report Future of Courts: Challenges? What works? Strategies?
Evidence base
• Literature review judicial reform, reform procedure • Innovation projects and experience
– international criminal courts, supreme courts, courts and their organizations , NL, Can, Ken, Ye
• Seminars with court leaders– The Hague, Singapore, San José (Costa Rica), Addis
Ababa and Tunis• Describing innovations at innovatingjustice.com• Weekly workshop with our network of experts in
our Justice Innovation Lab in The Hague
Courts have a great future!
No alternative in sight for ….
AdjudicationADR: • Mediation only fair with adjudication • Stand alone mediation negligible after 30 years (OECD)• Arbitration < 5% of disputes (OECD)• Ombudsmen, tribunals, committees, media, government
agencies, majors also provide “binding” adjudication
What is the value added by a typical European court?
Median from CEPEJ Data 2012
Serves 100.000 people
Solves 2320 contested civil casesSeparation, employment, commercial, neighbour
Corrects 2100 criminal acts 2 homicides, 15 robberies, other, 1400 offenses
Decides 265 administrative casesSocial security, permits, tax, migration, etc.
All this value is created …
By 18 judges including 5 higher court judges
+ staff
Budget of €2.7 million = €27 per citizen
Effective courts add even more value …
By being available!
If accessible:• 50% of disputes settle out of court • Up to 70% of incoming civil/criminal
cases settle
For 1 judgment effective courts produce 10 settlements +
Workable solutionsKnowing what happened
Peace of mind Proportionate retribution
FairnessRecognition
Financial stability
Voice
Participation
Trust
Respect
Trialogue
Releasing the value of courts
Courts create value …
By delivering excellent proceduresDiagnosis and intake
Collecting evidenceFacilitating dialogue/settlement
Growing towards final judgmentImplementation
Affordable Accessible
Timely
Courts are working on this
58% US court administrators say"My court is innovative“
We found 100s of court innovationsDrug courts, Mental heath courts, Judicial mediation, Facilitadores judiciales,
"Hot tubbing" experts, courtinnovation.org ,Courthouse dogs, Justice on wheels, Therapeutic jurisprudence, Settlement conferences mediator/judge,
Australian Centre for Justice innovation, Money court online, eLitigation Singapore, Water court, Co-parenting court, Neighbour courts, Justices of the
peace, Kaikaia: adjudication software for juvenile courts in Nicaragua, Videoconferncing, Blinded experts, innovatingjustice.com,Justice in your
community Peru, OECD, Commercial courts with auditors and business men, Employment tribunals, World Justice Project, Religious family courts
Indonesia, Patent courts, Disability courts, Social security tribunals, BC Civil resolution centre, Juvenile courts, Immigration tribunals, ODR intake forms, QandA intakes, Multidoor courthouse, Services to unrepresented litigants
What is effective?
1. Specialized procedures for urgent/frequent problems
What is effective?
2. Better integration with supply chain– Legal information, settlement, prosecution,
mediation
What is effective?
3. Simplification, empowering, self help
What is effective?
4. Sophisticated innovation methods
What is effective?
5. Chief judge having/taking broad responsibility
What is effective?
6. Computerization and online procedures
The court of the future …
Is likely to deliver procedures that are …
SpecializedFully integrated
Simple to operateDeveloped as product
Under your responsibilitySupported online …
DiagnosisFree
• Advice• Referral• Reflection
Intake±€50?
• Facts/data• Issues• Possible solutions
Dialogue±€100?
• Compare views• Agree solutions
Settlement±€500
• Mediation• Online or offline
Decision±€?
• Judge• Remaining
issues
Free or €€€Legal informationCalculation toolsNeutral legal adviceFinancial planningOther services
Online adjudication platformAdjustable to • Case type• Jurisdiction
Modria Resolution Platform
In one or two years …
Courts can use smart online adjudication systems
Fully configurableTo problem typeTo national rules
For €25-100 per case filed
Innovation at courts happens
But not as much as elsewhere
What are main challenges for court leaders?
1. THE ACCESS TO JUSTICE TRAP– Less delay, more effective and accessible
procedure = 0verburdened court– Little say over product and price
(procedure, fees)
2. Need for more HUMAN, less complex procedures
– Serving people with or without lawyers
3. Need to enhance neutrality, INDEPENDENCE, accountability
Breakthroughs are possible!
Our report mentions 3 conditions for more effective courts
1. Excellent procedures require a vision
and clear terms of reference
Examples of strategic options:
What should the procedure be able to achieve?
1. Excellent court of last resort?2. Excellence in solving legal issues? 3. Resolving problems in excellent way?
What does not work: Deciding on strategy by debate among judges
The benefits of choice
• Focus, motivated people, easier management• Each option leads to clear but different
– Innovation goals and terms of reference, court size, skills, staffing, IT systems, links other adjudicators, partnerships, relationships with users, legal professionals, general public
• If courts do not choose, others will for them– Random politics, ministries, competing adjudicators
2. True excellence requires a very sophisticated funding model
Funding models for courts: Huge barrier to innovation
Innovation > more value/less costs >more cases filed >
uncertain funding > risk of financial disaster > court leaders take no risk >
no innovation
Good funding models within reach
• Innovation = lower costs + more value
• More willingness to pay• Sophisticated fee and funding
systems for specialized services
3. Courts take responsibility for design and maintenance of
procedures
Rules of procedure arebarrier to innovation
Great principlesRules old, detailed, not updated
Innovation has to wait until rules changeJudges twist laws if they innovate
Imagine medical treatments would be designed by legislators
Health care sector
Each year 10,000s of innovations in diagnosis, treatments, software and
hardware, computer programs, medicine, methods for surgery, instruments
Because of risks, quality concernsHealth care innovations
Are certified/licensed/monitoredBUT NOT DESIGNED
By rule makers
Reframing Our proposal:
Future laws of procedure:
Principles +Certification system for procedures+Monitoring
Releasing the value of courts
Well monitored:1. Strategic independence2. Financial independence3. Independent designing and
maintaining excellent procedures
If empowered to develop excellent proceduresThe future of courts looks bright!
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