Introduction to Theme 3: Justice ADR and Justice Conference, Oxford Dr Felix Steffek 18 April 2016

The questions The justice question (part 1): What is the yardstick for just frameworks of dispute resolution? The justice question (part 2): What is the best basis for the implementation of justice principles, interests or law? The empirical question: What do people want from dispute resolution? The legislative question: Justice in courts and/or ADR? Same or different? The institutional question: What are the principles for a just design of the different institutions, such as ombud procedures, conciliation and mediation? The efficiency question: Which role for efficiency in justice? The consumer question: Specific requirements of justice due to decision deficits of certain actors? The e-justice question: Chances and challenges for justice?

The taxonomy Initiation control: whether the parties’ consent is needed to initiate the procedure Procedure control: whether the parties determine the procedure Result-content control: whether the parties determine the content of the result (ie whether the procedure is non-evaluative) Result-effect control: whether the parties’ consent is needed for the result to be binding Neutral choice control: whether the parties choose the neutral Information control: whether the procedure and the information obtained during the procedure is private Steffek, Unberath, Genn, Greger, Menkel-Meadow, Regulation Dispute Resolution (2013)

A functional, party-oriented taxonomy The parties together have…   Initiation Control Procedure Control Result- Content Control Result- Effect Control Neutral Choice Control Information Control Negotiation YES N/A Mediation Conciliation NO Arbitration Ombudsperson Court