A Handbook for Measuring the Costs and Quality of Access to Justice

A Handbook for Measuring the Costs and Quality of Access to Justice
Author: Martin Gramatikov
Publisher: Maklu
Total Pages: 98
Release: 2010
Genre: Law
ISBN: 9046603121

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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.

Costs and Quality of Online Dispute Resolution

Costs and Quality of Online Dispute Resolution
Author: Martin Gramatikov
Publisher: Maklu
Total Pages: 196
Release: 2012
Genre: Law
ISBN: 904660473X

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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.

How to Measure the Price and Quality of Access to Justice?

How to Measure the Price and Quality of Access to Justice?
Author: Maurits Barendrecht
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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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.

Designing Indicators for a Plural Legal World

Designing Indicators for a Plural Legal World
Author: Siddharth Peter de Souza
Publisher: Cambridge University Press
Total Pages: 288
Release: 2022-09-30
Genre: Law
ISBN: 1316514897

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It pluralises the conversation around legal indicators by considering the diversity of law and legal institutions in the Global South.

The Costs and Funding of Civil Litigation

The Costs and Funding of Civil Litigation
Author: Christopher Hodges
Publisher: Bloomsbury Publishing
Total Pages: 580
Release: 2010-11-17
Genre: Law
ISBN: 1847316158

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This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010 This title is included in Bloomsbury Professional's International Arbitration online service.

Foundations of Civil Justice

Foundations of Civil Justice
Author: Fabien Gélinas
Publisher: Springer
Total Pages: 155
Release: 2015-06-26
Genre: Law
ISBN: 3319187759

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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.

Access to Justice Beyond the State Courts

Access to Justice Beyond the State Courts
Author: Aimé-Parfait Niyonkuru
Publisher: LIT Verlag Münster
Total Pages: 189
Release: 2021-12-28
Genre:
ISBN: 364391377X

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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 Burundi’s formal state court justice system. This book argues that engaging with out-of-court justice in Burundi’s legal pluralism model may positively impact on people’s access to justice, particularly for the poor and the underprivileged.

Victims and Criminal Justice

Victims and Criminal Justice
Author: Pamela Cox
Publisher: Oxford University Press
Total Pages: 305
Release: 2023-08-15
Genre: Law
ISBN: 0192661663

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Victims and Criminal Justice is the first study of its kind to examine both the origins and impacts of key legal, procedural, and institutional changes introduced in England and Wales to encourage and govern prosecution. It sets out how crime victims' experiences of, and engagement with, the process of criminal justice changed dramatically between the late seventeenth and late twentieth centuries. Where victims once drove the English criminal justice system, bringing prosecutions as complainants and prosecutors, giving evidence as witnesses, putting up personal rewards for the recovery of lost goods or claim rewards for securing convictions, by the end of this period, victims had been firmly displaced as the state took virtually full responsibility for the process of prosecution. Combining qualitative analysis of a range of textual sources with quantitative analysis of large datasets featuring over 200,000 criminal prosecutions, the authors explore how victims were defined in law, what the law allowed and encouraged them to do, who they were in social and economic terms, how they participated in the criminal justice system, why many were unwilling or unable to engage in that system, and why some campaigned for specific rights. In exploring the shift in victim participation in criminal trials, Victims and Criminal Justice places current policy debates in a much-needed critical historical context.

The Oxford Handbook of Capitalism

The Oxford Handbook of Capitalism
Author: Dennis C. Mueller
Publisher: OUP USA
Total Pages: 574
Release: 2012-04-19
Genre: Business & Economics
ISBN: 0195391179

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The financial crisis that began in 2008 and its lingering aftermath have caused many intellectuals and politicians to question the virtues of capitalist systems. The 19 original essays in this handbook, written by leading scholars from Asia, North America, and Europe, analyze both the strengths and weaknesses of capitalist systems. The volume opens with essays on the historical and legal origins of capitalism. These are followed by chapters describing the nature, institutions, and advantages of capitalism: entrepreneurship, innovation, property rights, contracts, capital markets, and the modern corporation. The next set of chapters discusses the problems that can arise in capitalist systems including monopoly, principal agent problems, financial bubbles, excessive managerial compensation, and empire building through wealth-destroying mergers. Two subsequent essays examine in detail the properties of the "Asian model" of capitalism as exemplified by Japan and South Korea, and capitalist systems where ownership and control are largely separated as in the United States and United Kingdom. The handbook concludes with an essay on capitalism in the 21st century by Nobel Prize winner Edmund Phelps.

Access to Justice in Iran

Access to Justice in Iran
Author: Sahar Maranlou
Publisher: Cambridge University Press
Total Pages: 277
Release: 2015
Genre: Law
ISBN: 1107072603

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A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.