Court’s often don’t provide justice

by Jacqui Brauman

Court’s often don’t provide justice

by Jacqui Brauman

by Jacqui Brauman

There is a perception among some, sometimes myself included, that the courts don’t provide justice. At least not well. 

There is approximately 87% of women who don’t access justice at all, or professional advice, when they need to. 

Why is that? 

Partly because of the lack of resources.

It takes time and money to be able to go to Court, and to be able to defend or prosecute a proceeding to get justice. 

It’s a huge problem.

It’s the Courts so much that don’t provide the justice, but the system. 

We perceive justice as handing over our future, or the decision about what has happened, to a third party. So, even that is questionable.

There are definitely matters that need to be in Court, because of power imbalances and violence, and because of disputed facts.

But there are other matters, where we have so many alternatives to access to access a different type of justice and get a better outcome. 

In the Legally Wise Women hub, I’ve got a lot of these alternative resources; Amica for separations, mediation, Fine Fixer, and many more. 

Often, the earlier a problem can be resolved, the cheaper and better the outcome. 

Alternative dispute processes, including mediation, also have a lot of uncertainty around them.

How do you find the right mediator? How do you commit to a process? What does it involve? How much does it cost?

There is also a more detailed and supported process, called collaborative practice. This is a hybrid style of mediation, where you have multiple meetings, and you have a team of collaborative professionals. You still have a lawyer in this process who helps you, but you also have a financial independent that is helping you, and you also have a communication coach that is helping you. 

In the both of these alternative processes, you and the other party keep control of what the outcome is going to be, because it’s forward-looking. It’s not a determination of what has happened and who is to be punished; it is about what you want for the future and how to agree to move forward.

The processes can also be quite healing. Particularly collaborative practice, you’re learning from a team of professionals how to resolve a conflict. So it sets you up to be able to have more communication with this person in the future, in a way that it hasn’t been damaged and you both understand how better to communicate and resolve your problems yourself.

There’s plenty of resources out there, we just need to know how to access them and how to use them and what to expect, because as soon as the uncertainty is less, as soon as we have clearer guidance around what we are to expect, the more confident we’re likely to be.

Going to a solicitor can give you that false sense of security. Yet I see how the frustration of these things taking so long, and the burnout of them, makes people very jaded about the system.

We have a system that’s not functioning well. 

We have a system that people can’t afford to access. 

We have a system that is expensive and takes a lot of time. 

Why are we trying to even bother with that system? 

How about we have alternatives that actually work for us, particularly as women? 

The legal justice system was set up by men primarily for men, and it doesn’t serve us. 

So let’s find justice through different pathways, that actually don’t tear our families apart and where we actually get results that we can live with – quickly.

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