| TRADITIONAL APPROACH (AUTONOMOUS) | INNOVATIVE APPROACH (RESPONSIVE) |
|---|---|
| Juridification | De-juridification |
| Procedural correctness | Solution oriented |
| Adversarial (parties compete in a legal arena) | Reconciliatory (both parties contribute to a solution) |
| Legal ‘dispute resolution’ (surface level of conflict) | Comprehensive ‘conflict resolution’ (addressing the underlying issues and causes of conflict) |
| Narrow scope of needs and interests (mostly financial needs and interests) | Broad scope of needs and interests (also: emotions, immaterial needs and interests) |
| Decision by third party | Solution (also) by parties themselves |
| Decisionmaker passive | Decisionmaker active (proactive judge, judge who coordinates proceedings) |
| System perspective is dominant | Perspective of the users is dominant (‘people centred justice’) |
| Various separate legal avenues and procedures | Integrating procedures, one service counter, triage |
Figures & Tables
DOI: https://doi.org/10.36633/ulr.1011 | Journal eISSN: 1871-515X
Language: English
Page range: 83 - 97
Published on: Dec 16, 2024
Published by: Utrecht University School of Law
In partnership with: Paradigm Publishing Services
Keywords:
© 2024 Berber Laarman, published by Utrecht University School of Law
This work is licensed under the Creative Commons Attribution 4.0 License.