Promoting Access to Justice: a study on Strategies to Implement Collaborative Dispute Resolution Mechanisms and Procedures for Resolving Conflicts in Liberia Liberian Ministry of Justice By Christopher W


Appendix C: Questions for Interviews and Focus Groups Questions for Interviews on



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Appendix C:


Questions for Interviews and Focus Groups

Questions for Interviews on

ADR/CDR




  1. What types of significant disputes are occurring in Liberia that you think need to be addressed and resolved? (Be as specific as possible.)  Between individuals?

    • Between groups?

    • Between individuals and institutions?

    • In rural communities?

    • In urban communities?



  1. Which of the disputes identified above do you think are currently being satisfactorily resolved? Which are not?



  1. Which of the disputes identified above might or might not be appropriate for resolution by nonjudicial/non-court-based dispute resolution mechanisms, procedures or people (hereafter called dispute resolution service providers)? Why is this the case?



  1. What existing non-judicial/non-court-based dispute resolution service providers currently are or might in the future be appropriate for resolving some of the disputes identified above?

    • Customary dispute resolution providers?

    • Other governmental dispute resolution providers (mayors, politicians, agency personnel, police, etc.)

    • Civil society dispute resolution providers – in non-governmental organizations (NGOs), community-based organizations (CBOs), churches, secret societies, etc. – that currently or could in the future provide mediation, arbitration or restorative justice processes?

    • Others?



  1. What specific disputes identified above do non-judicial/non-court-based dispute resolution providers currently help to address and resolve?

    • Please link specific types of disputes with specific service providers who help to resolve them.



  1. How accessible are the above non-judicial/non-court-based dispute resolution service providers to individuals or groups who have disputes they want resolved?

    • How are they accessed? Is it easy or hard? Why?

    • Are they close to where the dispute has occurred and the people who are involved?

    • Are the procedures understandable and easily used in terms of process, steps, forms, etc.?



  1. What are the costs to disputants to access and use the non-judicial/non-court-based dispute resolution service providers identified above?

    • Money?

    • Time?

    • Travel?

    • Effort and emotional wear and tear?

    • Other costs?



  1. How satisfied do you think users are with the results of the above non-judicial/non-court-based dispute resolution service providers identified above?

    • Highly satisfied?

    • Moderately satisfied?

    • Dissatisfied?

    • Very dissatisfied?

    • Which are they most/least satisfied with?



  1. How satisfied do you think members of vulnerable groups – women, youth, differently abled, “strangers” – are with the current non-judicial/non-court-based dispute resolution service providers identified above?

    • Highly satisfied?

    • Moderately satisfied?

    • Dissatisfied?

    • Very dissatisfied?

    • Which are they most/least satisfied with?

    • What might be done to increase their satisfaction?



  1. How effective and successful do you believe the non-judicial/non-court-based dispute resolution service providers in resolving the disputes identified above?

    • Do the institutions and people get disputes settled?

    • Are disputes settled in a perceived to be timely way?

    • Are disputes settled in a perceived to be cost effective way?

    • Are disputes settled in ways that are generally satisfactory to the people who are involved?

    • Do disputes stay settled or do they re-emerge later, either as the same dispute or in another form?



  1. Are there any barriers to the selection and use of the non-judicial/non-court-based dispute resolution service providers identified above? If so, what are they?



  1. Are there any gaps in the types of non-judicial/non-court-based dispute resolution service providers needed to address any of the types of disputes identified above?

    • Types of disputes that are not being effectively addressed and resolved?

    • Gaps in the kinds of service providers available to provide help in resolving disputes?

    • Gaps in procedures provided by existing dispute resolution providers?



  1. What might the Ministry of Justice (MOJ) do to address any barriers or gaps in the current provision of non-judicial/non-court-based dispute resolution services?

    • Modify or enhance existing dispute resolution providers, services, legal frameworks or procedures?

    • Add new dispute resolution providers, services, legal provisions or procedures?

    • Drop any existing dispute resolution providers, services, legal provisions or procedures?



  1. How might the MOJ build upon and enhance existing non-judicial/non-court-based dispute resolution service providers to promote sustainable services and financially leverage its resources?



  1. If the MOJ chooses to work with the customary system for dispute resolution, how might this be done given that chiefs' courts are currently under the Ministry of Internal Affairs? What activities might the MOJ pursue?



  1. If the MOJ chooses to establish a pilot that does not involve the customary system, what types of disputes should it address and what kinds of non-judicial/non-court-based services should be provided?



  1. If the MOJ chooses to establish a pilot that does not involve the customary system, what kinds of institutional arrangements should it consider for the provision of non-judicial/non-court-based dispute resolution services?

    • Court-connected/affiliated non-judicial dispute resolution?

    • An independent non-judicial/non-court-based dispute resolution system under the Ministry of Justice?

    • Located with the police?

    • Other models for institutional arrangements, such as through other government agencies, civil society organizations or independent neighborhood justice centers?



  1. If the MOJ chooses to establish a pilot to provide non-judicial/non-court-based dispute resolution services that do not involve the customary system, where should they be provided and what kinds of institutional arrangements should it consider?

    • In rural areas?

    • In urban areas?

    • In hubs?

    • In other central locations within counties?

    • In courts?

    • Through other government agencies?

    • On a rotating basis, as provided by dispute resolvers who are circuit riders?



  1. What are possible locations and people for case intake where disputants can take their conflict for assistance? What might be an appropriate case referral process from these intake points?



  1. If disputants are not satisfied with the outcome of a non-judicial/non-court-based dispute resolution process, what is an appropriate appeal process and where and how should appeals be made? How should different dispute resolution service providers, both non-judicial and judicial be connected?



  1. If the MOJ could do one thing to improve access to justice other than make changes in the formal judicial system, what would it be?



  1. If you were involved in a significant dispute, where would you go for help to get it resolved if you did not choose to go to a government court for a decision by a judge?

    • Why would you choose this institution, mechanism, process or individual to help you resolve your differences over others that might be available?


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