2019
DOI: 10.35295/osls.iisl/0000-0000-0000-1034
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Leaving Emotion Out

Abstract: Litigants in person (LiPs) receive the message that emotion should be “left out” of New Zealand courtrooms. This is a confusing and impossible goal. This paper draws on two empirical studies and argues that the exhortation to leave emotion out is multi-layered, referring to behaving and thinking like a lawyer, including a focus on the commercial or transactional elements of disputes, rather than on other aspects that are important to litigants. This is often not possible for LiPs and it can reduce their sense … Show more

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Cited by 7 publications
(5 citation statements)
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“…At the same time, It exceeds that, it is only resolved in the District Court where the process is regulated in the District Court Rules 2014. 44 The difference is in the process, where settlement in the Dispute Tribunal is simpler, faster and cheaper than in the District Court. Even on the official website of the New Zealand Ministry of Justice, they warn that every person who will prosecute to the district court to contact their lawyer / legal counsel.…”
Section: The Current State Of the Court's Decision-making Process In ...mentioning
confidence: 99%
“…At the same time, It exceeds that, it is only resolved in the District Court where the process is regulated in the District Court Rules 2014. 44 The difference is in the process, where settlement in the Dispute Tribunal is simpler, faster and cheaper than in the District Court. Even on the official website of the New Zealand Ministry of Justice, they warn that every person who will prosecute to the district court to contact their lawyer / legal counsel.…”
Section: The Current State Of the Court's Decision-making Process In ...mentioning
confidence: 99%
“…This corroborates with international evidence (Hann et al, 2002). The lowest income earners with little disposable income, and those often caught in a catch-22 situation—earning too much to qualify for legal aid and too little to obtain legal assistance, account for about 1% of legal aid grants in civil cases (Toy-Cronin, 2015, 2016). Reasons for disengaging from the justice system vary from financial barriers, racism and 2014 Family Justice Reforms restricting legal representation in family courtrooms, to name a few.…”
Section: Self-represented Litigation: Aotearoamentioning
confidence: 99%
“…Smith et al, 2009). A more recent Access to Justice Working Group paper outlined various innovations to legal services, different service types, delivery models for services, funding sources, fee arrangements, with recommendations for action by the New Zealand Bar associations for ways to cater to diverse legal needs (Toy-Cronin, 2016).…”
Section: Self-represented Litigation: Aotearoamentioning
confidence: 99%
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