ABSTRACT

This chapter explains how cultural expertise can promote litigants' voices and understanding of what goes on in court, as well as ensure their respectful treatment, which is conducive to trust in the courts and legal system. Four decades of socio-psychological research on perceptions of justice have demonstrated that in various decision-making contexts, recipients of decisions universally appreciate fair treatment. Trust and legitimacy of the justice system are particular challenges in minority contexts. Indigenous peoples and ethnic, national and other minorities are often found to be more vulnerable as litigants due to language barriers, a lack of familiarity with the legal system and adherence to norms that may stand at odds with those of the wider society. The four-element model of procedural fairness proposed by Blader and Tyler suggests paying attention to voice, neutrality, respect and understanding. Each of these elements of procedural fairness can be enhanced by the provision of cultural expertise.