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Law of the Future 2011 23 & 24 June 2011, Peace Palace, The Hague, The Netherlands title: Justice sector innovators: We better reward them! By Maurits Barendrecht, Innovating Justice www.lawofthefuture.org
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www.innovatingjustice.com
Justice Sector Innovators:
We Better Reward Them!
Maurits Barendrecht
Tilburg Institute for the Interdisciplinary Studies of Civil Law and Conflict Resolution Systems
(TISCO)
2011 Rule of Law Chair at Hague Institute for the Internationalisation of Law (HiiL)
Law of the future ….
Diverging views, rules and interests; decentralised and pluralistic legal ordering (Rosenfeld and others),
Maybe even striving for Confucianharmony (Peerenboom)
Scenario’s provide visions …
- Strengthening the plurality of local, city-level, national, international, public, private, formal and informal mechanisms for accountability (Nelken, Amstutz, Auby, Catá Backer many others)
- Interaction between law and other trust-building mechanisms and social entrepreneurship (Smits, Timmerman)
Thinkers identify challenges …
- Balancing temptation to manipulate international
rules (Pogge)
- Less costly and more timely procedures (Hensler)
- Applying law we do not completely understand
(Gordley) even if different disciplines are involved
Larouche)
- Enforcement (Sluiter, many others)
- Better sanctions/corrections (Rocha Machado)
Rule of law Innovators
Modern Investigative Techniques | Karen Tse, Founder and CEO International Bridges to
Justice LawGuru.com | Bahman Eslamboly, President LawGuru Programa Interamericano
de Facilitadores Judiciales | Pedro Vuskovic Céspedes Coordinator of the Inter-American Program
of Judicial Facilitators Organization of American States The eBay/PayPal Resolution Center |
Colin Rule, CEO Modria.com I Paid A Bribe | Ramesh Ramanathan,
Co-founder Janaagraha Centre for Citizenship and Democracy E-Court, the first online private
court | Henriette Nakad, Founder E-Court Foundation Weagree | Willem Wiggers, Founder Weagree
B.V. The IMI Inter-Cultural Mediator Competency Certification | Inter-Cultural
Taskforce, IMI Use of Medical Experts to Secure Release from Pretrial
Detention in Russia | Dmitry Dinze, Humanitarian Action
Modern Investigative Techniques Training
for Public Security Bureau (PSB) Officers in
China
Karen Tse
Founder and CEO International Bridges to Justice
LawGuru.com
Bahman EslambolyPresident LawGuru
Service of Judicial Facilitators
Pedro Vuskovic CéspedesCoordinator of the Inter-American Program of Judicial Facilitators Organization of American States
Service of Judicial Facilitators
Pedro Vuskovic CéspedesCoordinator of the Inter-American Program of Judicial Facilitators Organization of American States
Innovating justice
• Launched in July 2009, collaborative effort:
– Hague Institute for the Internationalisation of Law (HiiL)
– Microjustice Initiative (MJI)
– European Academy for Law and Legislation (EALL)
– Center for International Legal Cooperation (CILC)
– Tilburg Institute for Interdisciplinary Studies of Civil Law and
Conflict Resolution Systems (TISCO)
• Innovating Justice is supported by:
– Dutch Ministry of Economic Affairs, Agriculture and Innovation
– City of The Hague
The eBay/PayPal Resolution Center
Colin RuleCEO Modria.com
I Paid A Bribe
Ramesh RamanathanCo-founder Janaagraha Centre for Citizenship and Democracy
E-Court
Henriette NakadFounder E-Court Foundation
The Hard Work Innovators Do
Innovation Model: What Makes Justice Sector Innovation Happen?
Determinants Innovation in Public Sector
+ Literature Quality and Efficiency in Justice Sector
= Hypothesis About Factors that Enhance Innovation in Justice Sector
› Insights about what works to innovate in the justice sector
› Test with data about 50 successful justice innovations from 16 item
questionnaire
Innovation Literature
• Life for innovators is very complex!
• Many factors contribute to innovation:
– 40 determinants of succesful product innovation (meta-analytic review 108 articles, Becheikh et al. 2006)
– 27 factors associated to successful public sector innovation
Version 1.5: Preview of Results
• Literature review public sector innovation + justice sector reform
• 9 innovations
• Third party dispute resolution/accountability is focus
– Courts and other third parties provide shadow of law
– Costly procedures = costly legal services
– Perceived lack of innovation
27 Factors That Foster Innovation
… according to the innovation literature
• Our innovators had to do many of these things very well!
• As we will see: Innovation is 1% inspiration and 99% transpiration
Weagree
Willem WiggersFounder Weagree B.V.
A. Generating Possibilities
1. Vision and commitment from government
2. Focus on users, frontline staff and middle managers
3. Diversity
4. Scanning of horizons and margins: a process need
5. Developing capacity for creative thinking
6. Working backwards from outcome goals: terms of reference
7. Creating time and space
8. Allow breaking the rules
9. Competition: the submission problem and regulation of legal services
Justice Sector Analysis
• Sarat and Grossman 1975: Problems in Mobilization of Adjudication
• Susskind 2008 The End of Lawyers: Predicting commoditization
• Hadfield 2008: Regulation of profession blocks innovation
• Botero et al. 2003 and Cabrillo et al. 2008: Insufficient incentives on courts to offer better services
• Carothers 2006 and Fukuyama 2011: Rule of law and accountability very hard to implement
The IMI Inter-Cultural Mediator Competency Certification
Inter-Cultural Taskforce, IMIInter-Cultural Taskforce of the IMI Independent Standards Commission (ISC), International Mediation Institute (IMI)
B. Developing Innovations
1. Appropriate selection of fruitful ideas: simplifying procedures
2. Adequate risk management
3. Fostering innovation champions
4. Creating incubating space
5. Involving incubators and public-private partnerships
6. Introduce modeling
7. Better funding for early development
8. Involving end users at all stages
Use of Medical Experts to Secure Release from Pretrial Detention in Russia
Dmitry DinzeHumanitarian Action
C. Replicating and Scaling Up
1. Improved incentives for individuals and teams
2. Improved incentives for organizations
3. Scaling up and disruptive innovation
4. Specialize and beware of early standardization
5. Change management
D. Analyzing and Learning
1. Metrics for success
2. Real time learning
3. Peer and user involvement
4. Double loop learning
5. Variety of perspectives
Innovators in Justice Sector
• Have to work on many factors, probably 27 of them
• Are essential for serving legal needs, for making the system work and for building the law of the future
• Deserve our deep respect
• Need our support
Rule of law Innovators
Modern Investigative Techniques | Karen Tse, Founder and CEO International Bridges to
Justice LawGuru.com | Bahman Eslamboly, President LawGuru Programa Interamericano
de Facilitadores Judiciales | Pedro Vuskovic Céspedes Coordinator of the Inter-American Program
of Judicial Facilitators Organization of American States The eBay/PayPal Resolution Center |
Colin Rule, CEO Modria.com I Paid A Bribe | Ramesh Ramanathan,
Co-founder Janaagraha Centre for Citizenship and Democracy E-Court, the first online private
court | Henriette Nakad, Founder E-Court Foundation Weagree | Willem Wiggers, Founder Weagree
B.V. The IMI Inter-Cultural Mediator Competency Certification | Inter-Cultural
Taskforce, IMI Use of Medical Experts to Secure Release from Pretrial
Detention in Russia | Dmitry Dinze, Humanitarian Action
Innovating Justice Awards
• Highlight successful innovations in the justice sector
• Rule of Law professionals can identify most promising developments
• Innovators motivated to improve and apply innovations across borders
• Nominees and applicants for Innovating Justice Awards will be able to share their setbacks, successes and best practices
• Develop further with the help of the community, experts and InnovationLab services
• Help financiers to find+fund most promising Innovations
Innovating Justice Awards 2012
Your input? we will take the liberty to email you later:
•Do you know a Successful Innovation?
•Have an Innovative Idea?
•See an important Challenge?
The 2011 nominations help to describe what we are searching for
Innovating Justice Awards 2011
The Jury:
• Mr. Hassane Cisse, Deputy General Counsel, Knowledge and Research World Bank Group
• Gabriela Knaul, United Nations Special Rapporteur on the Independence of Judges and Lawyers
• Veronica Taylor, Director Regulatory Institutions Network, Australian National University
Rankings counted together:
- Rank by number of votes
- Rank by points given by each jury member for the answers to all 16 questions of the Innovation Model
- Rank from each member of the jury
Winner announcement by
Mr. Hassane Cisse, Deputy General Counsel, Knowledge and
Research World Bank GroupChair of the Innovating Justice Awards Jury
The Finalists
Service of Judicial Facilitators6261 votes E-Court5582 votes Use of Medical Experts to Secure Release from Pretrial Detention in Russia 346 votes
Total of votes given 13016
The Winner is…
The Winner is…
The Winner is…
The Winner is…