12/11/2015

OECD, Paris, Fostering Inclusive Growth and Trust in Justice Institutions: Access, Performance and Alternatives

Linking measurement of the costs and quality of A2J to justice innovations

Bottom-up justice

People know when they need justice They can tell fairness from unfairness Bottom-up justice is about the specific justice needs and satisfactions of the users of justice

Justice needs: when people need justice

2010enrespondentN

42% 35%

22% 15% 13% 12% 11% 11% 9% 9% 8% 8% 7% 7% 5% 5% 4% 4% 4% 3% 3% 2% 2%

0%

20%

40%

60%

Heeft u te maken gehad met een probleem met*:

* Op basis van respondenten

4862problemenN

Justice needs: know the market

Quantify fairness

1. The costs of to justice

– Money spent: out-of-pocket costs for legal fees, travel, advisors

– Time spent: time spent to search for information, attend hearings, travel

– Stress and negative emotions

2. The quality of the procedure

– Voice&Neutrality: process control, decision control, neutrality, consistent

application of rules,

– Respect: respect, politeness, propriet communication

– Procedural clarity: timely explanation of procedures and rights

3. The quality of the outcome

– Fair distribution: distribution is fair according to needs, equity and

equality criteria

– Damage restoration: fair compensation for monetary damage, emotional

harm and damage to relationships

– Problem resolution: extent to which the problem is solved and the result

has been enforced

– Outcome explanation: the extent to which the people receive outcome

information access

1

2

3

4

5

Voice &Neutrality

Respect

ProceduralClarity

FairDistribution

DamageRestoration

ProblemResolution

OutcomeExplanation

Stress andemotions

Money spent

Time Spent

How people experience land disputes in Indonesia?

1

2

3

4

5

Voice &Neutrality

Respect

ProceduralClarity

Fair Distribution

DamageRestoration

ProblemResolution

OutcomeExplanation

Stress andemotions

Money Spent

Time Spent

1

2

3

4

5Voice & Neutrality

Respect

Procedural Clarity

Fair Distribution

DamageRestoration

ProblemResolution

OutcomeExplanation

Money Spent

Time Spent

Stress & Emotions

Divorce in The Netherlands

Quantify fairness

Divorce in Senegal

Divorce in Yemen

1

2

3

4

5Voice & Neutrality

Respect

Procedural Clarity

Fair Distribution

DamageRestoration

ProblemResolution

OutcomeExplanation

Stress andemotions

Money Spent

Time Spent

Traditional

Court

1

2

3

4

5Voice & Neutrality

Respect

Procedural Clarity

Fair Distribution

Damage Restoration

Problem Resolution

Outcome Explanation

Stress and emotions

Money Spent

Time Spent

Men

Women

Quantify fairness

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