Ombudsmen And Adr

How do ordinary people experience and make sense of the informal justice system? Drawing on original data with British and German users of Ombudsmen— an important institution of informal justice, Naomi Creutzfeldt offers a nuanced comparative answer to this question. In so doing, she takes current debates on procedural justice and legal consciousness forward. This book explores consciousness around ‘alternatives’ to formal legality and asks how situated assumptions about law and fairness guide people's understandings of the informal justice system. Creutzfeldt shows that the everyday relationship that people have with the informal justice system is shaped by their experiences and expectations of the formal legal system and its agents. This book is an innovative theoretical and empirical statement about the future prospects for informal justice in Europe.

4. THE NORDIC ADR SYSTEMS

This book charts the evolution of the Legal Services Ombudsman for England and Wales. Established in 1990, it had a statutory remit that explicitly recognized its dual responsibility for consumer dispute resolution and democratic accountability. It was replaced in 2010 by a very different type of ombudsman institution. The book describes how the Ombudsman reconciled its different roles and how far it succeeded in changing the mentality of the legal profession. The authors relate the Ombudsman’s successes and failures to current debates facing the ombudsman and regulatory community, and highlight the continuing potential of the ombudsman institution. The ombudsman institution emerges as a ‘third way’ between the courts and various forms of alternative dispute resolution, and as a creative and democratic means of responding to public grievance.

This book provides a detailed rationale for the creation of ombudsman offices; suggestions for structuring and documenting an ombudsman program and how to address issues that arise in litigation; a comprehensive presentation of various legal issues associated with organizational ombudsman programs;and numerous examples of how ombudsmen function in their organizations to illustrate how they are effective in addressing issues that people would not otherwise raise.

This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.