Courts and fair outcomes Maurits Barendrecht Research directeur

Courts and fair outcomes Maurits Barendrecht, Research directeur Hague Institute for Innovation of Law, Professor Innovation in the justice system, Tilburg University

60% urgent justice problems FAMILY EMPLOYMENT CRIME LAND NEIGHBOURS

In neighbour disputes Neighbours need: - Outcomes: stopping nuisance, clear borders, friendly relationship, ability to manage future disputes - Procedure: non-violent communication, assistance with finding solution, local judge who can decide, aftercare - Costs: predictable fees, in community, oversight by professional courts

What courts can deliver for local disputes International best practice: - Guidance with information how to solve dispute Support communication and negotiation Local (volunteer) judge or panel Oversight by court in nearest town Supported by online platform and in person service Fees: pay as you go for neighbours; subsidy possible Revenues should be higher than costs

2019 paradigm on access to justice Key messages of Task Force on Justice, OECD, Elders - Justice key for inclusive growth Focus on outcomes for citizens, not institutions Start from problems Map and redesign justice journeys with end in mind Monitor outcomes and improve

Implications for courts Better outcomes requires new strategy: - more cases coming to courts more willingness to pay sustainable financial model need for design/innovation capacity expand court interventions “make or buy” better procedures (online support) procedures start from conflict: one stop journey

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