Appropriate Dispute Resolution (ADR) is rooted in Africa. However, this is not reflected in scholarship and practice. The last few decades have witnessed the supposed introduction of ADR in Africa, masquerading as an innovation imported from the USA and aiming to extend access to justice. This is a pure revisionism. While African communities rely on ADR to solve disputes, ADR epistemology has not developed in its scientific form. Hence, there is a dearth of literature on what emic unadulterated justice would look like in Africa. This article seeks to provide a framework for how to think about ADR in Africa by presenting five normative conceptions that are latent in African ADR: dispute avoidance; reconciliation; all-inclusive justice; consensus building; and matching disputes to the best process.

This paper calls for the lawyering profession – which is often viewed as unabridged – to be reframed into two distinct occupations: legal aid practice and private practice, to better incorporate the divisions in labour. In order to better understand contemporary legal aid work and its workers, the hidden realities must be unveiled from behind their private counterparts, which opposingly signify wealth, professionalism, autonomy and privilege. Set within a context of crumbling professional identities, a shrinking industry and financial constraints, the paper draws on ethnographic and interview data. It finds that those working in legal aid undoubtedly face a more stagnated, under-resourced and precarious working environment, which means that their professional experience is vastly different from their private counterparts. Likewise, those in the field face toxic narratives from the government, the media, the public, and their private counterparts alike, resulting in persistent discourse of vilification. Ultimately, it calls for a refocus of legal aid work as a separate vocation due to its altruistic underpinnings, unique ‘professional’ identity, and values.

Individuals routinely engage in instrumental transactional legal behavior, from generating tax returns to signing leases to negotiating employment terms. While some individuals undertake these activities equipped with the skills, knowledge, and capacity to behave strategically, others do not. In this article, we introduce the concept of legal actuation to describe this legal behavior and theorize its role as a source of inequality under the law. Using estate planning as an empirical example, we consider how variation in legal actuation may serve to reproduce economic inequalities and investigate the role of legal socialization, knowledge, and capability as mechanisms of advantage. In doing so, we draw attention to an understudied dimension of everyday legal behavior that has important implications for equal justice and the relationship between law and inequality.

Public interest lawyers seek to empower clients through collaborative approaches to direct representation that redistribute legal knowledge and affirm clients’ agency; however, the legal settings in which attorneys operate shape their capacity to subvert dynamics they consider oppressive. Based on twenty months of ethnographic fieldwork at a legal nonprofit serving asylum seekers in Los Angeles, this study explores how the broader environment of a restrictive immigration system transforms the aspirations, possibilities, and strategies of public interest lawyering. Drawing from sociolegal literature on cause lawyers, access to justice, and the U.S. immigration system, the article argues that the politicization of the U.S. immigration bureaucracy destabilizes foundational legal norms, hindering the agenda of public interest attorneys. Procedural formalism constitutes one of the only resources at attorneys’ disposal, yet here it often impedes lawyers’ ability to disrupt perceived power hierarchies. Specifically, the prevalence of complex legal procedures that obstruct access to asylum reconfigures opportunities to uplift clients. These findings illuminate how hostile legal settings strain lawyers. They also contribute to timely debates around how attorneys protect access to justice and advance meaningful social transformation.

Les modes alternatifs de règlement des conflits s’inscrivent dans une volonté de transformation de l’organisation de la justice en cherchant à régler « autrement » les litiges judiciarisés. L’émergence de ces modes répond également aux impératifs de la nouvelle gouvernance publique, où les questions de l’efficacité et de la célérité de la justice deviennent cardinales. Ces modes alternatifs exigent que les parties y participent volontairement. Or, les justiciables composent avec certaines contraintes subjectives qui se répercutent sur leur motivation à s’engager sur la voie d’un mode alternatif de règlement des conflits. À partir de données empiriques, ce texte présente de quelle façon les coûts humains et financiers qu’assument les justiciables sont susceptibles de se répercuter sur leur décision de s’engager sur une telle voie, laquelle découle généralement de l’atteinte d’un point de rupture par rapport à ces coûts. Cette recherche, effectuée au Québec, fait état de la situation en droit civil, en droit criminel et en droit administratif.

Medical legal partnerships address individual legal needs that can create impediments to health. Little is known about outcomes from medical legal partnerships and their relationship to access to justice. This paper reports outcomes from one medical legal partnership from the perspective of the client, with specific emphasis on impact on health and concepts related to access to justice. We suggest a conceptual model for incorporating medical legal partnerships into a broader framework about access to justice.

Non-judicial remedies for corporate human rights abuses have a viable and complementary role to judicial remedies in mature jurisdictions, although in Ukraine the ‘bouquet’ of effective remedies is more of a still-life. The national mediation community is gaining momentum and the authors argue that mediation may take place within state-based non-judicial remedies when institutionalized by the office of the Ombudsman. The objective of this article is to scrutinize the rule of law, access to justice, and the effectiveness criteria of the UNGPs with regard to mediation. The authors conclude that mediation can meet all of the effectiveness criteria requirements and special effort should be devoted to addressing the challenges of power imbalances between parties, the confidential nature of mediation and the public demand for transparency, to ensure that mediation outcomes are in accord with internationally recognized human rights. Based on the findings, the authors suggest that a state-based business and human rights mediation scheme, in line with the UNGPs’ effectiveness criteria, should have its own three pillars, namely, accessibility, availability and awareness, with quality assurance as its cornerstone.

Cet article s’intéresse aux inégalités numériques qui touchent l’accès aux services publics, et plus précisément à la justice. Au Québec, les plumitifs sont des registres publics qui retracent l’historique judiciaire des justiciables, et ils sont disponibles en ligne. Dans une perspective d’accès à la justice, cet article aborde la tension existante entre les objectifs de la numérisation des services publics et les inégalités d’accès au numérique, en s’intéressant au cas des plumitifs au Québec. Nous retraçons l’évolution des approches en termes d’inégalités numériques en insistant sur la nécessité de dépasser la question de l’accès matériel aux services numériques pour nous intéresser aussi aux inégalités socio-économiques préexistantes. Nous analysons les difficultés d’accès aux plumitifs et l’usage qui en sont fait à la lumière des différentes dimensions de l’accès numérique selon Jan van Dijk (2006) afin d’envisager des pistes de solutions concrètes et efficaces pour améliorer l’accès aux plumitifs et plus largement à la justice.

This is the first academic paper to consider the role that parliamentarians play in access to justice. Under austerity, England and Wales has seen cuts to legal aid and local authority budgets that have impacted the ability of people to get help for legal problems in social welfare law from the advice sector. Members of the UK Parliament and Members of the Senedd Cymru are increasingly being called upon by their constituents to fill the resultant gap in advice. This paper draws on interviews with parliamentarians that draw out the nature of the role they are now playing in access to justice across three key areas of civil justice: welfare benefits; housing; and immigration. The growth of parliamentarians as figures in access to justice has thus far been largely neglected but is crucial to grasp, as the implications for the future of access to justice are massive. The paper calls for more research to better understand the phenomenon but urges caution that elected representatives should not be considered as an adequate substitute for a properly functioning, adequately funded advice sector.

The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) established a reporting process to monitor compliance. Despite its shortcomings, this process provides an opportunity for states to engage in a frank, constructive and open dialogue with the African Commission on the measures they have adopted to realize women's rights and the challenges they face. The DRC's initial report on implementing the Maputo Protocol provides an opportunity to assess how the country has advanced women's rights. This article notes that the DRC has adopted legislation and policies to comply with some of its obligations under the protocol. However, these have not brought about much transformation in terms of effective enjoyment of rights due to the contested nature of many women's rights and the community's patriarchal mindset. The article argues that states should focus on extra-legal measures that can counteract negative attitudes and beliefs towards women's rights.

Meta, formerly the Facebook Company, faces immense pressure from users, governments, and civil society to act transparently and with accountability. Responding to such calls, in 2018, it announced plans to create an independent oversight body to review content decisions. Such a forum is now in place in the form of the Oversight Board. To Meta’s credit, the speed at which the Oversight Board has been established is remarkable. Within two years, a global consultation process was completed with input obtained from users as well as experts, the regulatory infrastructure for the Oversight Board built, its members selected, and the first decisions of the Board already rendered in January 2021. With its institutional structure in place, and plenty of resources to tap into, the Oversight Board could have a real effect on how some transnational disputes are resolved. Thus, the Oversight Board may very well be setting the direction for how tech companies in particular, and multinational corporations in general, go about providing grievance mechanisms to individuals who their actions adversely affect. Through a study of the Oversight Board, this article considers whether we are witnessing the birth of a special type of “transnational hybrid adjudication” that could have a systemic impact on international law, or an experiment with limited relevance.