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System Overview

In our efforts to improve self-represented litigants’ access to justice in the civil court system, we have observed problems and opportunities from the perspective of litigants, attorneys, mediators, clerks, judges and court administrators. This system design area of the web site attempts to address many of the issues we have uncovered and recommend an integrated system of solutions to remove barriers to access for self-represented litigants.

Values

This system of solutions attempts to rectify many of the existing problems, propose new ways of settling disputes and recommend innovative ways for courts to partner with external organizations to help self-represented litigants. We have made a concerted effort to imbue the system with a set of guiding principles that we believe should be preserved in any implementation that takes form. These are summarized as follows:
  1. Self-represented litigants should not be compelled to use any of the recommendations that are implemented and should have the alternative means of meeting their objectives within the current judicial system.
  2. Tools developed to help self-represented litigants should attempt to make the process explicit, revealing possible implications and consequences of their actions, while providing assistance.
  3. Educational tools should be provided “Just In Time” when problems occur, or when self-represented litigants are most receptive to learning from a problematic situation. When preventative measures cannot fix all problems, “just in time” solutions are useful.
  4. The implementation of technological infrastructure and information-based resources should not impede or create barriers to access. Rather, they should remain transparent, creating an invisible safety net for self-represented litigants.
  5. Computation-based decision support tools should only be employed in conjunction with human judgment.
  6. Solutions must strive to balance inequities among parties even if the benefits of efficiency are lost.

Structure

This section of the web site contains a Charter, System Overview, and System Element descriptions. The Charter outlines the scope of the project and defines the project’s goals and mission. The Access to Justice system and its underpinning structural themes are described in the System Overview, Solution Areas, System Map and CourtNet description. The System Elements are divided into five solution areas: Diagnosis, Logistics, Strategy, Resolution, and Collaboration. These areas contain detailed descriptions of the 53 elements that make up the proposed system.

Each system element is presented in several parts: Description, Properties, Features, Related System Elements, Fulfilled Functions, Associated Design Factors, Discussion, and Scenario. First, the “Description” sets out the basic concept. “Properties” describes the element’s characteristics. The “Features” section describes what the element does. Next, various linkages are established by listing the “Related System Elements”, “Fulfilled Functions” (see Function Structure), and the “Associated Design Factors“ (see Design Factors). The “Discussion” section offers a more detailed explanation of the reasoning behind each element and its operation. Finally, the “Scenario” section illustrates the way the element works using specific hypothetical examples.

 

The research project entitled "Meeting the Needs of Self-Represented Litigants" (Access to Justice)
was developed jointly by Chicago-Kent College of Law, the Institute of Design and the National Center for State Courts.

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