MACMILLAN Ombudsmen and ADR: A Comparative Study of Informal Justice in Europe (Palgrave Socio-Legal Studies)

Product Description 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. Review “For someone who works as a pracademic, and so benefits from understanding both the practice and theory of ombuds work, this book is a welcome addition to the literature. … packs a vast amount of information, opinion and comment into its 192 pages. … this book will be of interest to researchers, students and practitioners who work for or have an interest in ombuds.” (Carolyn Hirst, Ombuds Research, ombudsresearch.org.uk, July, 2018) “With this publication, Naomi Creutzfeldt brings new socio-legal insights to bear on ADR scholarship, and in particular on our understanding of the limits, and potential, of the ombud institution. … This formidable study stands, therefore, as a powerful illustration of the interdisciplinary approaches and methodological pluralism the author herself advocates if we are to identify more trustworthy forms of ADR, and, despite national differences, a genuinely transnational ‘ADR space’.” (Nick O’Brien, ukaji.org, July, 2018) Review “Naomi Creutzfeldt breathes new life into ADR scholarship, and in particular into our understanding of the limits, and potential, of the ombud institution. Combining ground-breaking empirical research in the UK and Germany with startling theoretical insight, she cogently demonstrates how our perceptions of what counts as fairness in an ADR context is decisively shaped by national legal culture. Local legal consciousness and socialization are thereby exposed as the determinants of trust, and national conceptions of legality as the conditions of informal justice. This formidable study stands, therefore, as an exemplar of the interdisciplinary approaches and methodological pluralism the author herself advocates if we are to identify new forms of legal consciousness, more trustworthy forms of ADR, and, despite national differences, a genuinely transnational ADR space.” (Dr Nick O’Brien, Hon. Research Fellow, School of Law and Social Justice, University of Liverpool, UK) “Dr. Creutzfeldt is the undisputed expert on ombuds practice in Europe.  Her pioneering research combines qualitative and quantitative analysis to provide tremendous insight into the ways in which individuals experience the ombuds system, as well as the broader implications of their experiences.  This book is a must-read for anyone interested in the present and the future of ADR systems.” (Professor Rebecca Hollander-Blumoff, Washington University, St Louis, USA) “The ADR Directive created a legal guarantee for consumers to access an "informal justice system". The aim is to increase consumer confidence in the market and to contribute to the standardization of the European internal market. This book addresses a shortcoming in the legislative process: it provides empirical data on consumers' knowledge of alternative dispute resolution and their assessment. The country comparison also shows how social, cultural and legal peculiarities affect the willingness to use ADR. The author's carefully designed fieldwork, as well as the lessons learned and conclusions, make a substantial contribution t