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Towards basic justice care for everyone: challenges and promising approaches

By: Maurits Barendrecht, Martin Gramatikov, Jin Ho Verdonschot, Robert Porter

HiiL, in conjunction with Tisco and Microjustice Initiative, illustrates the challenges of providing basic access to justice to all people.  This trend report begins by identifying what the most common justice needs are, drawing on experiences of people who have struggled to access justice mechanisms, and continues by identifying what the most common problems one can run into are, what institutions can impede or improve access to justice, and the most efficient way to improve access to justice for everyone.

Table of Contents:
Executive Summary
Part 1: Challenges and Promising Approaches
1. Starting From Justice Needs
1.1 Faith
1.2 Serving Justice Needs In A More Effective Way
1.3 Vision and Strategies Beyond Grievances and Better Laws
1.4 Access to Fair, Affordable Solutions: A Five Step Framework
1.5 Basic Justice Care Is Similar Across Borders and Cultures
1.6 Knowledge from Many Places and Disciplines
2. Problems Every Person May Run Into
2.1 At Least One Serious Problem in 5 to 10 Years
2.2 Ten Frequent Problems
2.3 Impact of Problems
2.4 Tensions in Vital and Close Relationships
2.5 Beyond Right and Wrong
2.6 Benefits of Access to Justice: Empowerment, Growth and Peace
2.7 Summary
3. What People Do To Address Problems
3.1 Many Helpers, Many Paths to Justice
3.2 Estimating the Access to Justice Gap
3.3 Getting Stuck On The Path To A Fair Solution
3.4 Towards an Epidemiology of Justiciable Problems
3.5 Summary
4. What Makes it Hard to Deliver Justice
4.1 Outdated Regulation of Services
4.2 Offering Two Clients with Opposing Interests One Service Does Not Work
4.3 Insufficient Incentives on Courts, Uncertain Tasks
4.4 A Mix of Private and Public Benefits
4.5 Making Money with Legal Information is Hard
4.6 Powerful Defendants
4.7 Scaling Up Legal Services and Civil Society Projects is Difficult
4.8 Many Policies Did Not Work As Expected
4.9 Implementing Good Access to Justice Policies is Difficult for Governments
4.10 Summary
5. Promising Approaches for Supporting Negotiation and Adjudication Processes
5.1 Specialisation and Setting Concrete Goals For Procedures
5.2 Legal Information Targeted on Needs of Disputants
5.3 IT Platforms Supporting Negotiation and Litigation
5.4 Facilitators Leading Parties Towards Fair Solutions
5.5 Creating a Choice of Adjudicators
5.6 Using Reputation to Induce Compliance
5.7 Sharing Best Practices and Creating Evidence-based Protocols
5.8 The Risks of Increasing A2J
5.9 Summary
6. Concluding Remarks: Caring for Justice Needs