In Search of Microjustice: Five Basic Elements of a Dispute System

Barendrecht, J.M.

doi:10.2139/ssrn.1334644

Cited by 8 publications

(17 citation statements)

References 68 publications

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“…Legal needs studies, in which a sample of the population is interviewed by researchers about their legal problems and ways to cope with them, have been conducted throughout the world (Curran 1977;American Bar Association 1994;Genn and Beinart 1999;Genn and Paterson 2001;Dignan 2004;Van Velthoven and Ter Voert 2004;Currie 2005;Coumarelos, Wei et al 2006;Michelson 2007;Michelson 2008). These studies show consistent patterns of justice needs (Barendrecht 2008;Barendrecht, Kamminga et al 2008). Demand for justice services is most urgent in three types of conflict, where the stakes are high and where people depend on others for their well-being.…”

Section: B Justice Needsmentioning

confidence: 96%

“…Adaptation to change through negotiation is a necessity, but the parties are dependent on each other, because they invested in the relationship, and cannot walk away from it without leaving these investments behind. So some sort of neutral dispute system is necessary (Williamson 1987;Nooteboom 1992;Barendrecht 2008;Robson and Skaperdas 2008). Examples of conflicts in these long term relationships are inheritance issues, divorce, termination of employment, and problems regarding compensation for the use of land to be paid to owners.…”

Section: B Justice Needsmentioning

confidence: 99%

“…A first, intuitive understanding of justice services would probably distinguish two basic types: legal advice and neutral, third party interventions. But from the interdisciplinary literature on conflicts, dispute system design (Ury, Brett et al 1988;Costantino and Sickles Merchant 1996;Menkel-Meadow 1996;Bendersky 2003;Barendrecht 2008;Bingham 2008;Bordone 2008;Barendrecht 2009), institutional design and legal procedure, five necessary and sufficient dispute resolution tasks can be derived. In essence, justice services help clients to perform these five tasks.…”

Section: Justice Transactionsmentioning

confidence: 99%

“…Transparency and compliance Supply tools to make arrangements explicit; Make costs and benefits of compliance higher than those of non-compliance (Barendrecht 2008).…”

Section: Stabilizementioning

confidence: 99%

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Growing Justice: Justice Policies and Transaction Costs

Barendrecht

2009

SSRN Journal

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This paper reviews the literature on policies aiming to improve the rule of law and the operation of a legal system. It takes a bottom up perspective of clients seeking access to justice and uses transaction costs on the market for justice as a criterion to evaluate justice policies. Most justice is created through 'justice transactions,' including informal help from friends, legal advice, information about law, ADR services, other forms of informal justice, and adjudication. Such transactions are seriously hampered by three major transaction cost problems, however.Justice policies include codification, setting up courts and reforming them, financing of courts, legal aid, ADR, developing rules of procedure, and regulation of the legal profession. The transaction cost perspective explains why many traditional justice policies do a poor job to increase access to justice or to diminish the costs of civil justice. More promising justice policies enable justice to emerge bottom up, in the interactions between clients and providers of justice services (microjustice, legal empowerment). These policies focus on the information needs of disputants, low cost default procedures, choice for plaintiffs, accountability towards clients, gradual, needs-based formalization of legal relationships, and strengthening informal compliance mechanisms.1 Helpful comments on an earlier version were provided by

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Section: B Justice Needsmentioning

confidence: 96%

Section: B Justice Needsmentioning

confidence: 99%

Section: Justice Transactionsmentioning

confidence: 99%

“…Transparency and compliance Supply tools to make arrangements explicit; Make costs and benefits of compliance higher than those of non-compliance (Barendrecht 2008).…”

Section: Stabilizementioning

confidence: 99%

See 2 more Smart Citations

Growing Justice: Justice Policies and Transaction Costs

Barendrecht

2009

SSRN Journal

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“…However, there are several steps of conflict resolution that must be completed, regardless of the forum, in order for conflicts to be resolved (Barendrecht, 2009), and each of these steps can be converted into corresponding tasks. In addition, tasks can be added in relation to finding a forum in which to solve the problem, or accessing a lawyer.…”

Section: Self-efficacy and Legal Problemsmentioning

confidence: 99%

SLE in Kenyan Slum Communities: Development of the Concept

Porter

2014

Eur J Dev Res

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A pilot measure of subjective legal empowerment (SLE) based on self-efficacy theory was implemented in two slum areas of Nairobi (Kibera and Kamukunji) to examine the structure of SLE measured, and the discrimination between measures. The measure examined five types of legal problem (domains) in these communities both globally and through investigation of seven tasks that might be needed to solve the problem. Principal component analysis indicates that both the five domains and the seven tasks are accessing different constructs. Respondents clearly distinguished between different problem domains, as well as between tasks both within and between domains. These results support the model of SLE and highlight the need for further investigation of the constructs underlying such SLE evaluations.Une mesure pilote de la Démarginalisation Subjective Légale (DSL), basée sur la théorie de l'auto-efficacité, a été mise en oeuvre dans deux bidonvilles de Nairobi (Kibera et Kamukunji) afin d'étudier la structure de la DSL mesurée, et de la différenciation entre ces mesures. La mesure pilote étudie 5 types de problèmes juridiques (les domaines) au sein de ces deux communautés, à la fois au niveau international et par le biais d'une enquête sur 7 tâches qui pourraient résoudre le problème. Le diagnostic participatif au sein des communautés nous indique que les 5 domaines et les 7 tâches font appel à différents concepts. Les participants ont fait clairement la distinction entre différents problèmes, et différencient également les tâches au sein d'un même domaine de celles entre domaines différents. Ces résultats sont favorables au modèle de la Démarginalisation Subjective Légale, et mettent en valeur la nécessité d'aller plus loin dans la recherche sur les concepts qui soutendent de telles évaluations de la Démarginalisation Subjective Légale.

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Best Practices for an Affordable and Sustainable Dispute System: A Toolbox for Microjustice

Barendrecht

2009

SSRN Journal

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Many people lack access to justice for urgent legal needs, although the value of protection of their rights is high. Can justice be affordable for people with less than 2$ a day to spend? Access to justice studies usually investigate the barriers to justice and suggest ways to remove them. This paper follows an alternative approach. Justice is seen as a set of goods that must be produced and delivered by people to other people. For access to justice to become available, five key dispute resolution tasks should be facilitated by services performed at costs that are affordable to users. The paper collects best practices that can be derived from the disciplines that study disputes. It sketches how they may be combined in a low cost dispute system ran by a "Microjustice Facilitator'. The conclusion is that these five essential services are not inherently costly to produce for people with limited resources, although there are still many gaps in our knowledge about providing them efficiently, which calls for coordinated innovation processes. It is also likely that the transaction costs associated to delivering justice are part of the problem and the market for justice should be studied more thoroughly.

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In Search of Microjustice: Five Basic Elements of a Dispute System

Abstract: Abstract

Cited by 8 publications

References 68 publications

Growing Justice: Justice Policies and Transaction Costs

Growing Justice: Justice Policies and Transaction Costs

SLE in Kenyan Slum Communities: Development of the Concept

Best Practices for an Affordable and Sustainable Dispute System: A Toolbox for Microjustice

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