Summary and Conclusions
Author | Peter Jamadar/Elron Elahie/Richard Jamadar |
Pages | 81-89 |
81
SUMMARY AND CONCLUSIONS
INTRODUCTION
In our opinionthis research strongly suggests that the regular practice of Intentional
Awarenessing by judicial officers, can lead to improved and enhanced courtroom function
and experience, with consequential constructive effects for judicial officers, court users,
and the administration of justice. This is premised on the bases that without awareness
choice becomes otiose, and therefore increased awareness can facilitate more effective
choices.
Provided below is a summary of this discussion, organised into the categories as reflected
throughout.
WHY THE RESEARCH? The Mandate of Procedural Fairness. The Impetus of the
Research
Ensuring that the public perception and experience of court systems is that of fairness, is
now more than ever an unavoidable imperative of all judicial systems in democratic
societies that uphold the rule of law.
In Anglo-Caribbean states that have Westminster-influenced written constitutions, this
adherence to fairness and a fair process has constitutional underpinnings. The court
users’ perspectives and experiences are now considered intrinsic to any evaluation of
procedural fairness.
Significant research has been conducted that demonstrates the value of mindfulness for
the practice of law and judging. This body of research, in the context of procedural
fairness, confirmed that our explorations were necessary, and could make a significant
difference to court users and the administration of justice.
WHY THIS PARTICULAR FOCUS AND DESIGN? Utilizing a Four-Quadrant Model.
This research suggests that developing the skill of practicing Intentional Awarnessing is a
way in which judicial officers can more effectively and consistently fulfil the 360-degree
demands of procedural fairness. The research also indicates that Intentional Awarenessing
is a skill that can be taught, learned, and cultivated.
THE IMPERATIVE OF INTEGRITY. The Whole as well as the Parts Matter.
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