Copyright National Center for State Courts, Center on Court Access to Justice for All Access to Justice for the Self Represented Litigant Module B Making the Courtroom Work – a Quick Techniques Overview

Acknowledgements These modules reflect updates and additions to the Self- Represented Litigation Network Judicial Curricula on Access to justice, developed by the National Center for State Courts, the American Judicature Society and the National Judicial College, with funding from the State Justice Institute. Copyright National Center for State Courts,

3 Techniques that Support Neutrality for the Self- Represented Litigant  Techniques derived from judicial communication research  Neutrality = core of system and key to its legitimacy  Techniques designed to enable neutrality  Importance of using plain language

Copyright National Center for State Courts, Ten Key Techniques 1.Frame subject matter of hearing 2.Explain process that will be followed 3.Elicit needed information from litigants 4.Involve litigants in decision making 5.Articulate decision from bench

Copyright National Center for State Courts, Ten Key Techniques 6.Explain decision and summarize terms of the order 7.Anticipate and resolve issues with compliance 8.Provide a written order at close of hearing 9.Set litigant expectations for next steps 10.Use nonverbal communications effectively

Copyright National Center for State Courts, Frame Subject Matter of Hearing -- Set the Stage  Review the pleadings  Clarify the procedural context and hearing’s purpose  Confirm the parties’ goals and their current positions

Copyright National Center for State Courts, Explain Process to Follow  Provide procedural explanation of what will happen in hearing  Discuss specific elements of case based on pleadings and prior proceedings  Explain that you may ask questions and guide the hearing so that you understand the facts better

Copyright National Center for State Courts, (a).Elicit Needed Information -- Techniques Allow litigants to make initial presentations to the court if desiredAllow litigants to make initial presentations to the court if desired Break the hearing into topics and make these clearBreak the hearing into topics and make these clear Ask questionsAsk questions

Copyright National Center for State Courts, (b). Elicit Needed Information -- Techniques Probe for detailProbe for detail Look for weight and admissibility where an issueLook for weight and admissibility where an issue Move back and forth between the partiesMove back and forth between the parties Maintain control of the courtroomMaintain control of the courtroom

Copyright National Center for State Courts, (c).Elicit Needed Information -- Techniques Give litigants an opportunity to be heard while constraining the scope and length of their presentations, andGive litigants an opportunity to be heard while constraining the scope and length of their presentations, and Give litigants a last opportunity to add information before announcing a decisionGive litigants a last opportunity to add information before announcing a decision

Copyright National Center for State Courts, Involve the Litigants in Decision making  Ask questions about the litigants’ needs  Ask questions about the implications of those needs

Copyright National Center for State Courts, Articulate the Decision or Order from the Bench  Advantages of immediate decision  Reasons and situations when immediacy not appropriate

Copyright National Center for State Courts, Explain and Summarize Decisions  Argument for explanation of reasons  Need for detail about compliance times, steps, etc., and examples  Need to be explicit about obligations of each side  Giving of reasons is an area of great difference in practice

Copyright National Center for State Courts, Identify and Resolve Barriers to Compliance  Make sure that any compliance difficulties are Identified & addressed  Suggest ways of meeting difficulties  Communicate the expectation of compliance and the combination of flexibility with firmness

Copyright National Center for State Courts, Provide a Written Order  Advantages of written order  Techniques to provide written order

Copyright National Center for State Courts, Prepare Parties for Next Steps & Outcomes  Tell parties what next steps are  Tell parties what long term direction of the case is  Ask what they need to be ready and flexible

Copyright National Center for State Courts, Us Non Verbal “Open” Behaviors Fairly extensive eye contact or eye contact at least at appropriate pointsFairly extensive eye contact or eye contact at least at appropriate points Voice: tone (inviting), natural pace, expressive inflections, appropriate length pausesVoice: tone (inviting), natural pace, expressive inflections, appropriate length pauses  Prompts such as a gesture indicating the speaker should continue with a verbal prompt such as “go on.”  Upright posture or slight forward lean.