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

2. 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?

3. 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)

4. 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