Trend Report | Part 1 - HiiL

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Later, the drafters of the Codex Justinianus developed a solution to the high production costs. Instead of working with concrete rules, they drafted a more abstract code. Law became a system of more general rules that offered principles for concrete cases, but no criteria for concrete outcomes. The code was more durable, and reduced production costs due to longevity, but decreased the application of the law as a guideline for an outcome for a particular case. This approach was also followed by the drafters of the Code Napoléon. But now the invention of the printing press had made it possible to dramatically reduce costs. Each of these codifications used the state of the art available. Now modern information technologies offer great opportunities to reduce the costs for dissemination. Nowadays, and for many countries the codes, and even sometimes case law, are accessible online. But in many countries case law and codes are still very difficult to access. Regarding what is produced, however, not much has changed. We still draft codes and design systems of rules that are aimed to last, and this means norms are often open ended. “In Mali, case law is very difficult to obtain. Judges usually decide orally and if you want them to write down their decision, you need to pay them.” Lawyer in Bamako, Mali The current tables for determining child support, formulas for calculating severance pay, grids for guiding claims in case of personal injury and other sharing rules are very detailed, taking many contingencies into account. What they took from Justinian and Napoleon is the general principles and guidelines behind the rules, as well as the flexibility. This flexibility was reintroduced in a new form, howver. Where traditional codes offer flexibility through the use of words such as ‘reasonable’ or ‘appropriate’, which allow for interpretation, flexibility is now created by seeing the rules not as legally binding, but rather as guidelines that are used by judges, lawyers and other dispute resolution professionals. It is also interesting to note that major codification projects have occurred only at very specific moment in history: as an ambition of one powerful leader or during the birth of nation states in the 19 th and 20 th century. They are very costly projects, and usually needed many, many years to complete. Once they were done, they proved immensely valuable, and are used to this day as repositories of useful rules. We may be heading for a new era of codification, having much better technologies available, and knowing much better which information is most useful. The only thing that is lacking is a sustainable way to fund such a development. This is a major challenge for social entrepreneurs. As yet, there is no central platform to bring together all these rules, and codification 2.0 may be a much more decentralized venture, perhaps borrowing elements from Wikipedia. But it is not difficult to imagine what a website like this could look like. Codification 2.0 www.supportguidelines.com gives an overview of child support guidelines in US states, England, Canada and New Zealand, and the many sites that offer this information. The basic criteria for determining severance pay in 183 countries have been collected in a database of World Bank researchers. 200 Important criteria that help to settle frequent consumer disputes from Korea are shown on www.microjusticeworkplace.net together with other sharing rules. 200 Holzman R. et al., Reforming Severance Pay (eBook). An International Perspective, World bank Publications (2011) HiiL Trend Report – Part 1: Challenges and Promising Approaches 101
An underlying vision would be to create a place where people easily can access the clear rules that matter most for them. Not a comprehensive system for all disputes, but the 3 or 4 criteria that are most relevant for the 10 most frequent problems. No rules emerging from a court procedure and hidden in a judgment, but simple criteria just three clicks away. Not drafted by a small legislative commission working on it for years but with input from professionals and experts that work with these criteria on a daily basis. So they can stay up to date. 5.3 IT Platforms Supporting Negotiation and Litigation When you search "online legal services" in google, over 1.2 million hits pop up. Among these are mostly services for contract drafting, which are primarily designed for entrepreneurs, although they also offer services regarding divorce, sales of property and documents for identification. Basically, the idea here is that people who know where they want to go, or need to choose from a limited number of options without an underlying conflict, can obtain the document against limited costs. Legal Zoom, which was discussed in the preceding section as well, shows what the challenges for service providers are in this area. They focus their services on one client, the person needing the document. They avoid the submission problem by assuming this person will interact with the other parties involved. So they do not have to ask all people involved in the transaction or in the conflict to log in on their website to work on the document. But overcoming that challenge may be the next step. Legal Zoom – Online legal document services Every year, Americans spend millions of dollars on routine legal needs, from incorporations and trademarks to last wills. Others put off creating essential legal documents because of the inconvenience and high fees. As attorneys, we knew there had to be an easier, more affordable way to take care of common legal matters. Our founding vision was for an easy-to-use, online service that helped people create their own legal documents. We brought together some of the best minds in the legal and technological fields to make this vision a reality. The result is LegalZoom, the nation’s leading online legal document service. From the beginning, our mission was to set new standards for convenience and service in an industry not typically known for great customer care. We believe it should be easy for anyone to create a last will, incorporate a business, trademark a name or take care of other common legal matters. For us, the goal is not simply to provide a smart, cost-effective alternative—it’s to make sure everyone gets the legal protection they need. Since opening our virtual doors, LegalZoom has rapidly expanded to become the premier online legal and business destination. But as the company continues to grow, we’re careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it’s the founding principle. Brian Liu, Brian Lee, Eddie Hartman & Robert Shapiro Co-Founders (http://ww.legalzoom.com/about-us) HiiL Trend Report – Part 1: Challenges and Promising Approaches 102
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Trend Report | Part 1 Towards Basic
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Table of Contents Executive Summary
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But if we take 300 problems as a st
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A third problem for adjudicators is
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Choice of Third Party Adjudication
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Trend Report Basic Justice Care 1.
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This is what can happen if innovati
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Making Justice Needs Tangible and V
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The vision behind justice needs app
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Analytical Framework: A Process Giv
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Universal Processes And Local Pract
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Clients: Data obtained through (pot
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For employment conflicts, divorce,
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Trend Report Basic Justice Care 2.
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In her influential Paths to Justice
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Ten Frequent Problems Problem Incid
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Many of the respondents there live
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Extremely or Very Somewhat Number E
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2.4 Tensions in Vital and Close Rel
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This means that a simple framework
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For this, they tend to build on dis
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3.1 Many Helpers, Many Paths to Jus
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"My husband was very violent on me
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Using focus group interviews she fi
Page 49 and 50:
Inaction to legal problems is not d
Page 51 and 52: An Australian survey found 79% sati
Page 53 and 54: A Five Task Dispute Resolution Mode
Page 55 and 56: Filing documents in which issues ar
Page 57 and 58: Another problem can be that the rol
Page 59 and 60: The demand for timely decisions dri
Page 61 and 62: Towards classification Legal needs
Page 63 and 64: 3.5 Summary In many countries, ther
Page 65 and 66: As we have seen in Chapter 3, only
Page 67 and 68: They argue that rules allowing only
Page 69 and 70: In their celebrated paper on the ec
Page 71 and 72: It is considered not the task of ap
Page 73 and 74: This perspective still leaves a lot
Page 75 and 76: Models for low cost legal advice Si
Page 77 and 78: The Biggest Legal Aid NGO in the Wo
Page 79 and 80: However, the NGO’s do not yet hav
Page 81 and 82: Villager’s Committees in rural Ch
Page 83 and 84: Better laws are also unlikely to be
Page 85 and 86: Trend Report Basic Justice Care 5.
Page 87 and 88: A Strategic Framework for Access to
Page 89 and 90: Task Terms of Reference for Procedu
Page 91 and 92: Possible Elements of Terms of Refer
Page 93 and 94: Benchmarks for the way specific pro
Page 95 and 96: Big investments in informing people
Page 97 and 98: Smart way of looking for the releva
Page 99 and 100: In civil law systems, the legislato
Page 101: SEWA (Self-Employed Women’s Assoc
Page 105 and 106: In 2011, the European Union took th
Page 107 and 108: It is interesting to look at the in
Page 109 and 110: Notwithstanding all the positive de
Page 111 and 112: Timap for Justice (a paralegal prog
Page 113 and 114: Facilitadores Judiciales in Nicarag
Page 115 and 116: “Collaborative Law” The “coll
Page 117 and 118: The Many Effects of Having Adjudica
Page 119 and 120: Abunzi: Locally Elected Courts in R
Page 121 and 122: Properties of Dutch Employment Term
Page 123 and 124: 5.6 Using Reputation to Induce Comp
Page 125 and 126: Using Reputation Incentives to Incr
Page 127 and 128: Sharing knowledge: The challenges a
Page 129 and 130: This developed in clear best practi
Page 131 and 132: It is a given that culture and prac
Page 133 and 134: If the available data are assessed
Page 135 and 136: Dispute resolution know-how has dev
Page 137 and 138: This report assessed what is needed
Page 139 and 140: This report is not an appeal to spe
Page 141: HiiL is an independent research and
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Trend Report | Part 1 - HiiL

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