Formation of Procedural Justice Judgments in Dyadic Negotiation

Hollander-Blumoff, Rebecca

doi:10.2139/ssrn.2110225

Cited by 6 publications

(6 citation statements)

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“…Second, the quality of the procedure relates to parties' perceptions of the fairness of the decisionmaking mechanism. In courts, this idea translates into whether parties perceive the adjudication process as neutral, principled, and consistently applied (Hollander-Blumoff, 2011). Last, the significance of voice and participation entails whether parties perceive the process as one that offers them an opportunity to tell their story and whether they feel heard by decision makers (Tyler, 2007;Welsh, 2017).…”

Section: Procedural Justice and Legitimacy In The Traditional Face-to...mentioning

confidence: 99%

Legitimacy and online proceedings: Procedural justice, access to justice, and the role of income

2023

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Courts have long struggled to bridge the access‐to‐justice gap associated with in‐person hearings, which makes the recent adoption of online legal proceedings potentially beneficial. Online proceedings hold promise for better access: they occur remotely, can proceed asynchronously, and often rely solely on written communication. Yet these very qualities may also undermine some of the well‐established elements of procedural‐justice perceptions, a primary predictor of how people view the legal system's legitimacy. This paper examines the implications of shifting legal proceedings online for both procedural‐justice and access‐to‐justice perceptions. It also investigates the relationship of both types of perceptions with system legitimacy, as well as the relative weight these predictors carry across litigant income levels. Drawing on online traffic court cases, we find that perceptions of procedural justice and access to justice are each separately associated with a litigant's appraisal of system legitimacy, but among lower‐income parties, access to justice is a stronger predictor, while procedural justice dominates among higher‐income parties. These findings highlight the need to incorporate access‐to‐justice perceptions into existing models of legal legitimacy.

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Section: Procedural Justice and Legitimacy In The Traditional Face-to...mentioning

confidence: 99%

Legitimacy and online proceedings: Procedural justice, access to justice, and the role of income

2023

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“…Another focuses on perceptions of procedural justice among those who experience legal processes. This work considers the system broadly, exploring perceptions of police encounters (Sunshine & Tyler, 2003), court proceedings (Hollander‐Blumoff, 2011; Tyler, 2008), other forms of dispute resolution (Hollander‐Blumoff & Tyler, 2011), and legal negotiation (Hollander‐Blumoff, 2017). Some focuses specifically on litigant perceptions of civil litigation (Lind et al, 1990; Shestowsky, 2018).…”

Section: Understanding Settlementmentioning

confidence: 99%

Settlement schemas: How laypeople understand civil settlement

Robbennolt

Bregant

Winship

2023

J Empirical Legal Studies

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What does the public think it means to “settle” a civil case? Most legal disputes in the United States end in an agreement to settle, but little is known about what laypeople think about settlement. To fill this gap, we took a direct approach: we asked a nationally representative sample of US adults—more than 1000 of them—basic questions about settlement. We found widespread understanding about the essential nature and frequency of settlement, but persistent, though not universal, misconceptions about the details, including the role of a jury and settlement scope. Because settlement is such a pervasive part of the US legal system, the system's legitimacy turns in part on how the public understands and views civil settlement. The survey reported here provides a foundational study of the understandings and framework—the schemas—that the public bring to settlement.

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“…Thibaut and Walker advanced the then-counterintuitive claim that people care as much about how conflicts are resolved as they do about the outcomes achieved through their resolution and they are willing to accept outcomes when they are fairly decided. Subsequent psychological research has been prolific (as of October 2014, the PsycInfo databases list 2,881 works related to procedural justice) and applied to a wide variety of contexts (e.g., law, medicine, business, politics, international relations); it has confirmed the significance of procedural justice (Lind and Tyler, 1988;Folger and Cropanzano, 1998;Tyler and Blader, 2000;Blader and Tyler, 2003a;MacCoun, 2005) and its role in the resolution of conflicts (Welsh, 2004; and negotiations (Hollander-Blumoff and Tyler, 2008;Hollander-Blumoff, 2010), as well as its spheres of relevance, its antecedents and underlying mechanisms and its effects (Hollander-Blumoff, 2011). Due to space considerations, we do not review how these issues have been treated by the psychology literature.…”

Section: Procedural Justice and Its Relationship With Outcome Justicementioning

confidence: 99%

Impure Procedural Justice in Climate Governance Systems

Grasso¹,

Sacchi²

2015

Environmental Values

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Climate change governance is extremely challenging because of both the intrinsic difficulty of the issues at stake and the plurality of values and worldviews. For these reasons, the ethical concerns that characterise climate change should also be meaningfully addressed through a specific version of procedural justice. Accordingly, in this article we adopt an impure notion of procedural justice. On this theoretical basis, we define relevant fairness criteria and contextualise them for climate governance systems. Then, we empirically justify fairness criteria against a critical and divisive element for the future governance of the Green Climate Fund, i.e., the no-objection procedure. The article concludes with some considerations prompted by the analysis.

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Formation of Procedural Justice Judgments in Dyadic Negotiation

Cited by 6 publications

References 0 publications

Legitimacy and online proceedings: Procedural justice, access to justice, and the role of income

Legitimacy and online proceedings: Procedural justice, access to justice, and the role of income

Settlement schemas: How laypeople understand civil settlement

Impure Procedural Justice in Climate Governance Systems

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