ABSTRACT
Efforts to develop and reform systems of dispute resolution have been undertaken through a variety of approaches including commissioned research studies, citizen input, use of model laws and rules, regional accompaniment and indicator assessment and methodologies spanning doctrinal studies to “law in context” approaches, among others. This chapter focuses on the role of “devolved reflection” as a tool to support institutional dispute resolution reform. Devolved reflection can be understood as a process by which relevant stakeholders engage in earnest deliberation to arrive at a greater understanding of existing circumstances, review accomplishments, analyse challenges, learn from experience and plan next steps in an effort to improve service delivery. Such an approach compliments the use of both doctrinal and law in context methodologies. The United Nations Sustainable Development Goals (SDGs) include the target of building “inclusive institutions at all levels” through “citizen participation in decision making.” However, the dynamics of how such participation is enhanced through reflective processes in advancing systems of dispute resolution remains understudied. The capacity to reflect as individuals and communities has increasingly been tapped to varying degrees within institutions of governance. This chapter begins with an exploration of what may be described as an emerging approach to devolved reflection as a mode of organisational practice, as an emerging principle of customary humanitarian law, as an analytic framework for new governance policy, as an applied reflective research methodology and as a component of a larger framework of systematic learning. The chapter draws on insights from research highlighting the role of engaged reflection and shared knowledge generation alongside the use of formal institutional and law in context research in facilitating conditions conducive to dynamic advancement within transnational dispute resolution systems – whether in the form of community engagement with consumer financial institutions, cross-border arbitration or court mediation systems. The work traces the role of capacity building, cohesion and collective contribution to knowledge generation.
