Search:      

Click here for translation   

 


Methodology

The collective expertise and the working methodology of ISDLS have been refined through successful legal studies, including assessment and reform projects in thirty-nine countries throughout the world. The four foundational principles of our techniques have developed through the lens of the shifting global paradigms of the last two decades.

  • Collaboration is the cornerstone of all ISDLS projects. In virtually every project, we provide resources and education to the governments and legal professionals in the host country, enabling them to design and implement reforms themselves. ISDLS acts as a consultant to the government and legal study groups, offering advice and structure to the project participants, as well as their expertise in the various areas of legal reforms.


  • Awareness of the political, cultural and economic structure and potential problems is another important element in ISDLS' projects. There are a variety of aspects to this awareness, including an understanding of the social and cultural mores in the host country, as well as the pre-existing legal system and political situation; the ability to look at the commonalities between various legal systems, while still considering the individual needs and problems of each country; and knowledge of innovations in dispute resolution and mediation systems.


  • Through collaboration, awareness and a systemic approach to reform projects, ISDLS provides a knowledge base and mechanism for adaptable reform. ISDLS reform projects expand the existing and indigenous legal systems to meet current needs by adapting principles of dispute resolution and conflict managements.


  • ISDLS employs a functional and systemic approach as the mechanism for developing and implementing reforms. There are four primary phases of this approach.

    1. Assessment is the first phase of all ISDLS projects. Through meetings with legal professionals in the host country, ISDLS learns how the legal system functions, and helps the Legal Study Group to determine country-specific problems and needs. During this phase, the LSG and ISDLS devise possible solutions to the demonstrated problems.


    2. In the next phase, the Legal Study Group visits the United States to observe federal and state courts (usually in California) and alternative dispute resolution centers. During this visit, they have the opportunity to confer with judges, lawyers and experts to ensure full understanding of the American legal system's mechanisms and goals.


    3. Next, the Legal Study Group in conjunction with an ISDLS team presents a seminar in the host country on topics chosen during the observation phase to demonstrate the problems and possible solutions. Each topic is presented through authoritative papers, lectures and commentary. The feasibility of introducing the reforms into the country's legal system is also examined during this seminar.


    4. Finally, the Legal Study Group returns to the US for further study of the mechanisms of the American legal system, and to design the specific reforms. ISDLS and the study group co-author a final project report; this phase is usually followed by implementation of the reforms in the host country.