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:
- 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.
- 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.
- 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.
- 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.
- Computation-based decision support tools should only be employed
in conjunction with human judgment.
- 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.
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