Contents
What is procedural justice? What are the 4 pillars of procedural justice? The importance of procedural justice in law Procedural justice and the intersection of technology Final thoughts on procedural justice
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Treating people fairly and equitably when resolving conflict or disputes may seem like common sense, but it doesn’t always happen in practice—particularly in the justice system
In this post, we’ll explore procedural justice and why it’s important in the practice of law and the courtroom. We’ll also discuss the role technology can play—both in risks and rewards—for legal professionals looking to improve procedural justice.
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What is procedural justice?
Procedural justice refers to the idea that treating people fairly and equitably when resolving disputes fosters more positive perceptions of those processes—regardless of the outcome. It emphasizes respect, trustworthiness, neutrality, and listening when making decisions and following processes, which ultimately helps build trust and promote higher perceptions of fairness.
Procedural justice can be put into practice across various systems where authority figures make decisions, such as in employer/employee relations, disputes in educational settings, and the justice system.
When people feel that they’ve been treated fairly and with respect during decision-making, trust, and compliance are built.
However, adopting a procedural justice approach requires people within systems to make a deliberate, intentional effort to prioritize fairness, respect, transparency, and listening. And in a field as busy and complex as the justice system, that can be difficult to implement.
What is a good example of procedural justice?
An example of procedural justice in the courtroom would be as simple as providing an interpreter to someone appearing at traffic court if English was not their first language.
In this example, an interpreter lets the person fully participate in the process by allowing them to tell their side of the story, as well as ask and answer questions accurately.
This way, regardless of the outcome of their traffic case, the person’s experience in court will be more respectful and fair.
Another example of procedural justice is alternative dispute resolution (ADR) processes, such as mediation, arbitration, and neutral evaluation, which allow litigants to use the assistance of a neutral third party to help resolve a legal dispute in a more collaborative space.
By offering a less adversarial alternative to resolving disputes in court at trial, ADR processes help give litigants a sense of voice and prioritize neutrality and respect.
What are the 4 pillars of procedural justice?
As we’ve touched on in the above examples, for people to be able to perceive their experience as just, their interactions with decision-makers should reflect the following four key principles:
- Respect—Everyone is treated with dignity, respect, and fairness.
- Trust—Decision-makers display trustworthy motives and foster confidence in the decision-making process.
- Neutrality—Decisions are unbiased, applied the same way to everyone, and transparent in their reasoning.
- Voice—People have the opportunity to express themselves, ask questions, and tell their side of the story.
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The importance of procedural justice in law
When individuals interacting with the justice system perceive that they are being treated fairly and have a voice in the process, they’re more likely to accept legal outcomes, comply with court orders, and follow the law going forward—no matter the outcome of their case.
Procedural justice in the courtroom
As criminal justice reform advocate Judge Victoria Pratt spoke of in her keynote at the 2024 Clio Cloud Conference, prioritizing dignity and respect for everyone is key to building a culture of trust—and that’s especially true in the courtroom.
The secret to this power of procedural justice is all about peoples’ perceptions of trust and fairness.
Research suggests that when people make overall judgments about the legitimacy of people in authority positions, they are more concerned about procedural fairness—or how fairly they were treated—than about the outcome of the encounter.
So, when those in authority treat people with respect and fairness, they can build trust. Put simply, people who perceive procedural justice in their justice system are more likely to comply with rules and trust in the legitimacy of institutions.
Procedural justice and the intersection of technology
For those trying to apply a procedural justice lens to their processes in the justice system, technology can be a helpful tool—or, potentially, a hindrance—depending on how it’s used.
How is technology aiding the justice system?
As Judge Pratt explained at the Clio Cloud Conference, technology has the potential to increase access to justice, especially when it comes to underserved communities.
“The New York court system automated processes to help marginalized individuals file complaints and navigate the system more easily,” she shared. “I observed how technology can create meaningful experiences for those intimidated by the legal process.”
Similarly, take artificial intelligence (AI), which, according to this year’s Legal Trends Report, 79% of legal professionals now use in some capacity in their legal practice.
Technology like AI can help bridge the gap for access to justice in instances like real-time translation, which can make it easier for people from whom English is not their first language or who have hearing impairments to ensure they have a voice and opportunity to be heard and ask questions in the legal process.
How is technology hindering the justice system?
It’s also important to consider how AI can potentially hinder procedural justice, particularly if it’s used without careful human oversight.
Our example of using AI for real-time translation shows the need for human oversight to ensure AI tools are effective and fair.
However, if someone uses an AI system for translation without a human checking for nuances in slang in language, there could be misunderstanding in court proceedings—which could have the opposite of the intended effect, potentially leading to unjust outcomes and eroded trust.
AI systems can also contain systemic biases, which means using AI results without human reflection and oversight can further perpetuate and amplify existing inequities.
“AI can assist us, but we need to critically analyze its results. It’s vital to have the common sense to look beyond the data and consider other factors that ultimately predict human behavior,” explained Judge Pratt.
The role of AI in procedural justice
So, while legal professionals may use AI to help them sift through large volumes of legal data to help streamline processes and free up time to focus on delivering justice to clients, a human must analyze and evaluate the results of AI searches. Essentially, in law, AI should always be used to assist, not to judge.
Learn more about the potential benefits and challenges of AI in the courts in our article “Artificial Intelligence in Courtrooms.”
AI is a tool that can help legal professionals work more efficiently and improve access to justice and procedural justice, but it’s not a replacement for the oversight and thoughtful consideration of humans.
Take Clio’s AI-powered legal partner, Clio Duo. With Clio Duo, you can automate routine tasks and prioritize tasks to save time, which you can dedicate to strategic work and ensure clients feel heard.
Thanks to AI, lawyers can now focus on clients, resolve cases faster, and help more people, which will have a massive impact on the access to justice gap and improve the legal system for all.
Final thoughts on procedural justice
Part of the reason why procedural justice seems so common sense is because it should be: treating people with dignity, respect, and equality should be the norm in our institutions. Unfortunately, with a complex justice system, we can’t take procedural justice for granted.
In order to achieve procedural justice—and build trust—in the law and courtroom, people need to feel a sense of fairness and equality when they interact with authorities. In many cases, this requires ongoing training and active effort by organizations and individuals, including legal professionals. If achieved, however, the impact of procedural justice could be significant to individual clients and to the community.
Want to find ways to use AI mindfully in your practice—and unlock more time in your day to focus on clients? Learn more about Clio Duo and book a demo today.
We published this blog post in December 2024. Last updated: .
Categorized in: Business
