MethodologyThe
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.
- 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.
- 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.
- 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.
- 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.
|