Service & Interaction in Norwegian Courts Of

SERVICE & INTERACTION IN NORWEGIAN COURTS OF JUSTICE • CHECKLISTS TABLE OF CONTENTS PREFACE

Preface 3 Norwegian courts of justice enjoy high esteem and credibility. This is Checklists for good practice 5 because we have skilled employees who maintain a high professional level and who are intent on doing a good job. The courts place great Checklists emphasis on performing efficient and high-quality work. Telephone calls 7 Letters 11 It is not possible for any court of justice to have only satisfied users. But E-mail 15 regardless of whether or not the case they are involved in turns out the Visits to the reception and the front office 19 way they had hoped, it is our objective for all users to feel properly and Meetings 23 correctly treated and for them to continue to trust and have confidence Court hearings 27 in our courts. Court-administered mediation 31 Site inspections 35 A significant factor in making this possible is for all employees to Service of judgments 37 understand the needs of the users and to be able to act accordingly. Processing of fees 41 For most staff it is a natural response to be positive, helpful and Ceremonies/marriagesPlanning meeting in criminal cases 43 service-minded. But what exactly are the big and little things we do in Media relations and interviews 47 our day-to-day work that do in fact create “that little extra”, that make that crucial difference? The things that make people feel they have Service & Interaction in practice 50 received good, impartial and just treatment? Service and Interaction principles 52 It is usually the sum total of the many big and little things that create the My notes 54 final, lasting impression. It is therefore important to be aware of what we should do and what we should not do. Some regard service and interaction as a matter of course. It is after all common courtesy to be friendly and to behave correctly towards others. But do we really know how our own conduct affects the people around us? And – how much do we maintain and develop what should be a given?

Trondheim, 21th January 2014 Sven Marius Urke Kersti Fjørstad Director General Deputy Director General Norwegian Courts Administration Department of Service Development

2 3 TABLE OF CONTENTS PREFACE

Preface 3 Norwegian courts of justice enjoy high esteem and credibility. This is Checklists for good practice 5 because we have skilled employees who maintain a high professional level and who are intent on doing a good job. The courts place great Checklists emphasis on performing efficient and high-quality work. Telephone calls 7 Letters 11 It is not possible for any court of justice to have only satisfied users. But E-mail 15 regardless of whether or not the case they are involved in turns out the Visits to the reception and the front office 19 way they had hoped, it is our objective for all users to feel properly and Meetings 23 correctly treated and for them to continue to trust and have confidence Court hearings 27 in our courts. Court-administered mediation 31 Site inspections 35 A significant factor in making this possible is for all employees to Service of judgments 37 understand the needs of the users and to be able to act accordingly. Processing of fees 41 For most staff it is a natural response to be positive, helpful and Ceremonies/marriages 43 service-minded. But what exactly are the big and little things we do in Media relations and interviews 47 our day-to-day work that do in fact create “that little extra”, that make that crucial difference? The things that make people feel they have Service & Interaction in practice 50 received good, impartial and just treatment? Service and Interaction principles 52 It is usually the sum total of the many big and little things that create the My notes 54 final, lasting impression. It is therefore important to be aware of what we should do and what we should not do. Some regard service and interaction as a matter of course. It is after all common courtesy to be friendly and to behave correctly towards others. But do we really know how our own conduct affects the people around us? And – how much do we maintain and develop what should be a given?

Trondheim, 21th January 2014 Sven Marius Urke Kersti Fjørstad Director General Deputy Director General Norwegian Courts Administration Department of Service Development

2 3 CHECKLISTS FOR GOOD PRACTICE

SERVICE & INTERACTION These checklists are based on good practice and experience gained by Norwegian courts of justice and have been compiled by the courts themselves as a result of participation in the seminar programme entitled “Service & Interaction in the Courts of Justice”. For the checklists to function as intended, it is important that all new experience be made available to the community of which the courts are a part.

In order to utilise the checklists it may be appropriate to establish common principles for service and interaction in one’s own court. In tandem with these common principles, using these checklists may form a sound basis for good internal relations and attending well to the interests of the participants and users of the court. You will find more about service and interaction principles towards the end of this document.

WHAT IS A CHECKLIST? A checklist is a description of good practice. It can help you develop your own conduct and understanding of how the big and little things you do affect others. Checklists have been drawn up for the following points of contact: • Telephone calls • Letters • E-mail • Visits to the reception and the front office • Meetings • Court hearings • Court-administered mediation • Site inspections • Service of judgments • Processing of fees • Ceremonies/weddings • Media relations and interviews

USE OF CHECKLISTS Checklists can be used as a support tool in the day-to-day tasks of a court. Here are some examples of how to use checklists: • Use them prior to demanding situations – “What was it I needed to remember again?” • Use them along the way – “How am I doing?” • Use them after the event – “Why was this not a success? / Why did this go so well?” • As part of the court’s governing documentation • As a topic in the court’s management meetings • As a topic in performance assessment interviews • As points of reference for new recruitments • As a basis for group discussions • Review of the checklists in the court’s regular meetings, morning meetings and similar

4 5 CHECKLISTS FOR GOOD PRACTICE

4 5 Telephone CALLS

A SMILE CAN BE HEARD THROUGH THE PHONE.

Irene Holmen Joachimsen, Consultant Hålogaland Court of Appeal

For many, the first meeting with the court may be a telephone call, and so it will form the basis for that individual’s first impression of the court. It is important that the person answering the telephone/ switchboard is well informed and has a good overview of what is happening at the court and who is present. Good internal routines are essential for us to provide good service to external callers. When the telephone is answered in a friendly and helpful manner, it forms a good starting point for giving good service. “A smile can be heard through the phone”.

6 7 Telephone CALLS

A SMILE CAN BE HEARD THROUGH THE PHONE.

Irene Holmen Joachimsen, Consultant Hålogaland Court of Appeal

6 7 CHECKLIST • • Telephone calls

• • Difficult calls HOW WHY

Answer with a pleasant voice. Helps to establish a good tone for the conversation – it HOW WHY often puts people into a better frame of mind when they meet a pleasant voice. Repeat what you can be of help with and what you cannot You are unlikely to gain acceptance of your solutions do anything about and, if appropriate, refer to laws and until you have established a common understanding of Present yourself with your full name and /or department/ Makes it simpler for the person who is calling to clarify regulations governing the issue. If relevant, let the caller the factual issues. Getting the caller to write a letter will function (depending on where in the line you are placed). whether he or she has found the right person. finish talking first and ask him/her to send a letter, if also make the issue more clear to that individual. Create identical practice throughout the court in this relevant. respect. Repeat the name of the person who is able to help with Removes the attention from you and could lead to a Note the name and any telephone number of the person Enables reestablishment of contact. the problem and encourage the caller to contact that solution even if you are not the one who has got it. calling. person.

Ask how you may be of help. Puts you more in control of the call and leads to a Express understanding of the caller’s situation but be Demonstrates that you care but also prevents abuse of quicker understanding of the case at hand. Gives you careful not to involve yourself in the situation. your understanding as a confirmation that the caller is the opportunity to find out what the call is all about. right.

If the telephone rings while you are helping a visitor, ask Relieves stress and allows you to concentrate better Keep calm – do not be tempted to given an answer to Prevents needless further rounds and makes it possible whether you may answer it and receive a brief message. on the visitor. something you do not know just to end the call. If that to allow for any criticism before the event. Remember – happens record any unfortunate reply in the journal. some people audio record telephone calls. Listen to what the caller is saying. Shows that you respect the person and gives you a better opportunity to find a good solution – whether you are the right person or not.

Clarify how you can be of assistance and whether you are Gives you the opportunity to set boundaries for what able to provide all the information wanted by the caller. is your responsibility and what is the court’s.

Interrupt “wrong” calls politely but consider whether it This saves time for both parties and also brings • • Technical aids may be a good idea to let the caller talk a little to state the caller more quickly to the objective. his/ her business. HOW WHY Refer the caller to the right person/instance both It will be perceived as helpful to be guided to the internally and externally. Keep lists of names and right person. Use the “Out of office” function or any “Present” Makes it simple for the switchboard and others who telephone numbers. function for the judges. The switchboard can help you need to reach you to know when you are available. in the event of illness. If you transfer the call, check that the right person for the Gives the right person for the call the opportunity to call is present. Tell him/her who is on the line and what consider whether he/she has the right skills and/or When using a loudspeaker function: identify all who are Makes the situation clearer for all participants. the call is about. time to respond. Reduces the customer’s waiting and present and who is talking. NB: Close the door to avoid wandering. disturbing others, or if the call is confidential.

Clarify whether it is necessary to call people back. If so, Gives you time to prepare yourself and increases the Make lists of frequently asked questions and post them Makes it possible to help first line people. Leads to ask to be allowed to call back if you are busy and/or possibility of gaining control of the call when you call on the Internet website and the intranet. quicker handling and saves your colleagues from dealing with a difficult call. back. needless time consumption.

8 9 CHECKLIST • • Telephone calls

• • Difficult calls HOW WHY

8 9 Letters

THE LETTER’S FORM AND WORDING SHOULD CREATE TRUST IN THE SENDER EVEN IF THE RECIPIENT DISAGREES WITH THE CONTENT/MESSAGE.

Tore Fykse, Land Conciliation Court Administrator Indre Hordaland Land Conciliation Court

Using letters in communication with others imposes great demands on the writer and sender. The message must be expressed clearly and unequivocally and should be in a form that is as far as possible adapted to the situation of the recipient/addressee. The letter’s form and wording should create trust in the sender even if the recipient disagrees with the content/ message. Letters will also function as “evidence” of what has been communicated to whom and when.

10 11 Letters

THE LETTER’S FORM AND WORDING SHOULD CREATE TRUST IN THE SENDER EVEN IF THE RECIPIENT DISAGREES WITH THE CONTENT/MESSAGE.

Tore Fykse, Land Conciliation Court Administrator Indre Hordaland Land Conciliation Court

10 11 CHECKLIST • • Letters

HOW WHY HOW WHY

Choose a suitable template in Lovisa based on the nature In the interests of further processing, filing and the Use the same form of Norwegian written language as A statutory requirement in cases where the court of the case and who the recipient is. recipient’s knowledge and situation. the person who wrote to you. performs administration.

Consider the suitability of the template for the purpose, Templates are convenient but sometimes they require E-mails with information about the case should be Secures documentation of what has been communicated and make any adaptations in view of the recipient’s adaptations, particularly vis-à-vis recipients who are not printed and entered in the journal. in the case. knowledge and ability. Consider how much time you may familiar with the court’s work and working methods. need to spend on tailoring the letter to the recipient in Make an extra check to ensure that all addresses and Letters sent to the wrong address or filed in the wrong relation to the importance of conveying a specific message. numbers are correct before you send the letter. place may have unpleasant consequences for both the recipient and yourself. Make sure the letter has the correct name and address. This makes the recipient certain of being the correct addressee and displays respect for him/her. Remember to file all letters and documents. To assist the further processing of the case. Select a suitable form of address and use it consistently. The formal “De” (“you”) form creates greater distance The form of address in Lovisa is the informal Norwegian than the “du” form. Most people accept the “du” form “du” (English: “thou” used formerly). nowadays.

State the required references – also use the other party’s To assist filing and further processing of the case. references. • • Difficult letters Sort longer letters according to their main points into This makes it simpler for the recipient to read the clear paragraphs, preferably with headings or numbers. contents and to reply in an equally structured manner. Consider relevant and irrelevant information. HOW WHY

Begin with the most important information the This applies in particular to lawyers and regular users Consider carefully whether and how you should reply to Sometimes it may be sufficient just to confirm receipt of recipient needs to know. Add the standard formulations who are used to the standard formulations and easily the letter. the letter and say it will be included in the evaluation. from Lovisa at the end. fail to notice other contents further down in the letter. If you and/or the court have committed a serious error, It is easier to balance humility or an admission of error Think carefully about how you word the letter and the Many of the court’s users have minimal or no always consider with a superior and/or colleague how to or any apologies with suggestions for rectification along ability of the recipient to understand what you write. know-ledge of the court’s working methods, and reply to the communication. with someone who is not directly involved in the matter. scant legal knowledge. Leave the draft until the next day and/or discuss the Gives you the opportunity to give the wording an extra Emphasise deadlines and other important information. Simplifies the effort to understand the most important content with a colleague. quality check, which may prevent a case or a conflict information in the letter. from escalating.

Round off by a standard indication of the sender. Consider Maintains the court’s formal role, but makes it possible Consider carefully the claims, objections or other A court of justice must not appear to act as a party to a whether it is more appropriate to use “Yours faithfully” or nonetheless to regulate the recipient’s feeling of being controversial issues you need to answer and how to case even if some people attempt to make the court a “Yours sincerely” in particular cases. accommodated. do it. party, for example if the court’s decisions did not meet their expectations. State your full name, telephone number and any other Makes it simple for the recipient to contact you if contact information (e-mail, fax, etc.). anything is unclear. In case of repeated and frivolous contacts, consider Will not necessarily prevent further letters or contacts, whether you should write to the person in question and but gives you the opportunity not to reply to them. Consider who should have a copy of the letter for the In consideration of the person’s interests and the say that the court considers the case closed and that it sake of information. further processing of the case. will not be dealt with further.

12 13 CHECKLIST • • Letters

HOW WHY HOW WHY

12 13 E-mail

THE CONTENT OF ELECTRONIC MAIL IS JUST AS IMPORTANT AS IF IT HAD BEEN SENT BY LETTER.

Heidi Bruvoll, Head of Administration Nedre Romerike District Court

Electronic mail is an effective and useful mode of communication. It is important that electronic mail should be used sensibly and that the implications of its use are understood. Before sending electronic mail, one should consider the importance of the e-mail to the recipient, and whether its content is suitable for e-mail for security reasons. The content of electronic mail is just as important as if it had been sent by letter.

14 15 E-mail

THE CONTENT OF ELECTRONIC MAIL IS JUST AS IMPORTANT AS IF IT HAD BEEN SENT BY LETTER.

Heidi Bruvoll, Head of Administration Nedre Romerike District Court

14 15 CHECKLIST • • E-mail

• • Difficult e-mails HOW WHY

Consider whether e-mail is the best communication May make it simpler to find good solutions and a HOW WHY channel. Perhaps direct contact or a letter is better? correct way of communicating. Consider whether to reply to the communication by Letters are still perceived as more authoritative than Decide whether the e-mail you are about to send is to In the interests of the parties’ need for information, and e-mail, or whether it would be more correct to send a e-mails and may be capable of stopping inappropriate be considered a document or a message. to assist further processing and filing. letter. exchanges of e-mail.

You must at any rate decide on the correct form of Gives the recipient a feeling of being the right If you decide to reply to the e-mail by letter, send a brief, Gives the person in question security that a reply is on address. Place the name of the person you wish to reach addressee and increases the possibility of the message formal message by e-mail stating that the person in its way and that the contact will be treated with respect. on the subject line if you are sending the e-mail to a joint being received by the correct person. question will be receiving a reply by letter. company postal address. Delete all inappropriate e-mails. Do not reply to If you do reply, you confirm that you are interested. State the required references. To assist filing and further processing of the case. inappropriate or unsafe e-mails.

Sort letters according to their main points into clear This makes it simpler for the recipient to read the paragraphs, preferably with headings or numbers. contents and to reply in an equally structured manner.

Think equally carefully through how you will word it as E-mail can be experienced like a quick, almost verbal though you were writing a letter. Read through the e-mail medium for the sender (like an SMS text) but may be before you send it. perceived as written and formal by the recipient. It may be saved and/or sent on to others.

Round off with a standard signature, the name of the This indicates that you are treating everyone with court, your name, telephone number and any other respect and adapting yourself to the user’s needs and additional information. Consider which final greeting is situation. appropriate: “Yours faithfully”, “Yours sincerely” or whatever is appropriate considering the nature of the case and the situation of the recipient.

Consider who should receive a copy of the e-mail in In the interests of the parties’ need for information, order to be informed of its content. and to assist further processing of the case and filing.

Do an additional check to make certain that all e-mail E-mails sent to the wrong recipient can have unpleasant addresses are correct before you press the SEND button. consequences both for you and the recipient.

Before you delete e-mails, always consider whether they To assist the further processing. should be filed.

Do not send any confidential and sensitive information in In the interests of data security. e-mails.

Use the absence assistant and state who may assist in Illustrates and increases the accessibility. the event of enquiries in your absence.

16 17 CHECKLIST • • E-mail

• • Difficult e-mails HOW WHY

Before you delete e-mails, always consider whether they To assist the further processing. should be filed.

Do not send any confidential and sensitive information in In the interests of data security. e-mails.

Use the absence assistant and state who may assist in Illustrates and increases the accessibility. the event of enquiries in your absence.

16 17 Visits TO THE RECEPTION AND THE FRONT OFFICE

WE ONLY GET ONE CHANCE TO MAKE A GOOD FIRST IMPRESSION.

Reidar Amble-Ommundsen, Head of Section Oslo County Court

We only get one chance to make a good first impression. The reception and the front office are important first line services, and how the public perceives their meeting with them may be decisive for their impression of the rest of the court. If the public receive good service here, it may save the rest of the court a lot of extra work.

18 19 Visits TO THE RECEPTION AND THE FRONT OFFICE

WE ONLY GET ONE CHANCE TO MAKE A GOOD FIRST IMPRESSION.

Reidar Amble-Ommundsen, Head of Section Oslo County Court

18 19 CHECKLIST • • Visitors to the reception and the front office

HOW WHY HOW WHY

Establish eye contact and greet the visitor in a pleasant Gives the visitor the feeling of being welcome. If you need to ask the visitor to contact a colleague at a Gives the person who is the correct person to assist manner. later point in time, you must inform your colleague. the visitor the opportunity to prepare for the visit.

If you are busy with another visitor, establish eye contact Makes the newcomer feel sure that he or she will be If you are uncertain what to tell the visitor, ask whether Gives you time to prepare yourself and increases the with the newcomer even so. helped as soon as possible. the person who is able to answer his/her question may possibility of giving correct information. contact him/her later over the telephone or by e-mail. Consider whether you are able to help several persons at Some of them may only have a simple errand. the same time. If the telephone rings, ask the person you are helping if Gets rid of a noise element. it is OK to answer it and ask the person on the phone to If you are busy on the telephone or talking to a colleague Makes the newcomer feel sure that he or she will be wait. and are unable to complete the call immediately, establish helped as soon as possible. eye contact with the visitor also in that event.

Identify people who look as if they need help. Gives a good impression to people who have business in the courthouse and an opportunity to reject those who have no business being there.

Ask how you may help them. Gives you better control of the conversation and brings • • Difficult visits you more quickly to the matter at hand.

Listen to what the person is saying. Demonstrates that you respect the person and gives HOW WHY you a better opportunity to find a good solution – whether you are the right person or not. Summarise what you have understood to be the needs of You will not gain acceptance for your solutions until you the visitor, and repeat what you are able to help him/her have established a common understanding of the facts If the visitor gives a lot of irrelevant information, ask Gives you better control of the conversation and helps with, what you are unable to do anything about and the at hand. pertinent questions along the way. Repeat “How may I the visitor to get more quickly to the matter at hand. reason why. help you?” If relevant: May give you greater authority, more formal weight and Clarify how you may be of help. Gives you an opportunity to set boundaries for what – Refer to laws and regulations increase the level of precision. – Ask to see the visitor’s papers is your responsibility and what is the court’s. – Close the conversation in a polite and appropriate manner

Interrupt “wrong” visits in a polite manner. Saves time for both parties and leads more quickly to Repeat who is able to help with the problem, and ask the Removes the attention from you and implies a solution, the objective. person to contact him/her. even if you are not the one who possesses it.

Refer to the correct person/instance both internally and It will be perceived as helpful to be guided to the Consider how much empathy and understanding you Demonstrates that you care but will also prevent your should demonstrate for the person’s experience of a understanding from being misconstrued or abused as externally, preferably with telephone number and/or correct person, whether the person works within the difficult situation. implying confirmation that the visitor is in the right. e-mail and/or address. Use lists that are placed by all court or not. telephones. In the event of threatening behaviour or if you suspect Demonstrates that you do not accept such behaviour, that the visit could imply a risk of that occurring, contact and attends to your own safety. Check that the person you refer to is present, and inform Gives quicker and better service and an opportunity for the police, if necessary, or others who are responsible him/her of what the case concerns. the correct person to prepare. for the court’s security.

20 21 CHECKLIST • • Visitors to the reception and the front office

HOW WHY HOW WHY

Identify people who look as if they need help. Gives a good impression to people who have business in the courthouse and an opportunity to reject those who have no business being there.

Ask how you may help them. Gives you better control of the conversation and brings • • Difficult visits you more quickly to the matter at hand.

20 21 Meetings

GOOD MEETING LEADERSHIP IS AN IMPORTANT FACTOR IN MAKING A MEETING SUCCESSFUL.

Atle Monsen, Head of Administration Nedre Telemark District Court

A meeting may be an important arena for internal and external interaction. If a meeting is to bring the expected benefits and also be effective, it is important that the attendees meet prepared and familiarised with the meeting agenda. Good meeting leadership is an important factor in making a meeting successful. It may therefore be important initially to determine a time frame for the meeting, say something about the reason for holding the meeting, and what the meeting is intended to achieve. A useful reminder may also be to ensure that the framework for the meeting is appropriate and well attended to, with regard to the facilities in the room, as well as air, light, disturbances, etc.. Remember that needless meetings often work against their purpose and are perceived as a waste of time. Have a good meeting!

22 23 Meetings

GOOD MEETING LEADERSHIP IS AN IMPORTANT FACTOR IN MAKING A MEETING SUCCESSFUL.

Atle Monsen, Head of Administration Nedre Telemark District Court

22 23 HUSKELISTE • • Meetings

HOW WHY HOW WHY

Define the purpose of the meeting – respect the other Gives you an added opportunity to decide whether the If you are going to chair the meeting, consider whether Allows for better concentration to chair the meeting, attendees’ time. meeting is necessary you have the capacity both to chair the meeting and take to listen to everyone and to identify disagreement and the minutes at the same time, or whether someone else other nuances along the way. Send out a notice of the meeting with a clear purpose, Gives all the attendees an opportunity to prepare for the should take the minutes. agenda and any case papers well ahead of the meeting meeting. It also creates predictability and gives you the Schedule breaks at least once an hour. Consider the Most people lose some of their ability to concentrate date. opportunity to receive input to the agenda. duration and nature of the meeting. after about 40-50 minutes. Prepare yourself by reading through all the relevant case It makes for better and more qualified discussions and Draw conclusions (if possible) along the way, Makes it simpler to summarise the meeting and any papers before the meeting. ensures an effective meeting. summarise agreement/disagreement, all decisions main conclusions and decisions at the end of the and who is responsible for any actions. meeting. Check beforehand that all physical aids to be used in the Makes it possible to start the meeting on time in order to meeting function as they should, that there is sufficient hold the meeting according to the schedule. At the end of the meeting: formulate conclusions (if Makes it simpler to take correct minutes and to stake water, coffee, etc. possible), summarise agreement/disagreement, all out the road ahead, whether it is a question of action to decisions and who is responsible for any actions. take or agreeing on a new meeting. Arrive about 10-15 minutes before the meeting starts if The other meeting attendees will not have to wait while you are going to use a PC, projector or other technical you fiddle with the technology. Remember to agree any new meeting before you part This is more efficient than attempting to organise new equipment. company (unless you have regular meetings). meetings by e-mail or over the telephone.

Arrive a short while before the agreed time and start the Sets the standard of discipline for the rest of the Dispatch the minutes as soon as possible after the Leads to quicker execution of decisions, and meeting on time. Give notice of any delays. meeting and for any subsequent meetings. meeting, preferably immediately, and ask for quick makes it easier for the participants to correct any feedback if there is any confusion or misunderstandings. misunderstandings. Review the purpose of the meeting and the agenda at the Creates predictability, structure and efficiency. Remember to include the date of the next meeting. start of the meeting and agree who will take the minutes. Think about how formal the tone is to be. Keep to the schedule and adjourn the meeting as Ensures predictability. announced. Discuss the items on the agenda one by one, and keep to Creates predictability, structure and efficiency. Makes it the agenda. easier to avoid any unnecessary digressions and to stay on the topic. • • Difficult meetings Capture input that emerges during the meeting, and set Provides opportunities for development and makes the aside time for it as a regular agenda item at the end of meeting more valuable for all attendees. HOW WHY the meeting, or at a subsequent meeting, if relevant. Prepare yourself extra thoroughly before the meeting by Enables you to develop more potential solutions before Listen actively to what others have to say, even if you May give you fresh inspiration and perhaps new ideas, reviewing what you think will be the difficult points of the the event and to concentrate better on listening during disagree with them initially. Ask follow-up questions to but may also strengthen your own points of view in that meeting. the actual meeting. ensure you are certain that you have understood what they you will be arguing on solid ground. It will also help mean. Consider also whether you should give those who you avoid misunderstandings because you have only Keep your cool and try to act objectively, even if you are Enables you to retain your integrity and authority both do not say much the opportunity to speak. listened to yourself. personally provoked. as meeting chairman and as meeting attendee.

It is the responsibility of all meeting attendees to prepare Provides development opportunities and makes the Take time out when needed. Allows you to consult with outsiders and/or get some for the meeting, to be active by reporting on completed meeting more valuable for all attendees. distance from difficult issues – and to find new solutions. tasks for which they are responsible and to put forward proposals for further development. Give a reminder of Argue and reason all decisions objectively, even if you Enables you to retain your integrity and authority both this in the notice of meeting, if relevant. are tempted to be polemical. as meeting chairman and as meeting attendee.

24 25 HUSKELISTE • • Meetings

HOW WHY HOW WHY

24 25 Court hearings

MANY PARTIES AND WITNESSES WILL BE HIGHLY VULNERABLE AND EXTREMELY SENSITIVE AS REGARDS WHAT HAPPENS IN CONNECTION WITH AND DURING THE COURT HEARING.

Kari Johanne Bjørnøy, President the court retains its neutrality and objectivity. As well as Bergen District Court taking care how one chooses one’s words, there must be an awareness of body language and other signals Many different types of hearing are held in a wide variety emitted from the bench. Another difficult challenge may of cases before our courts of justice. Those who take part be to demonstrate that one has heard and understood in these hearings will either be there by virtue of their yet without indicating whether or not one believes what professional role or because they have found themselves in has been said. a situation as either a party or a witness. In addition to there possibly being a great deal at stake in the case in question, Witnesses will also need information and attention many will find it important to them personally for the before and after the actual testimony given in the court evidence they give in court to be heard and believed. Many hearing. Witness support officers, court ushers and the parties and witnesses will therefore be highly vulnerable courts’ executive officers are important persons in this and extremely sensitive as regards what happens in connection. They, too, must be aware of their role, and connection with and during the court hearing. This imposes of what they convey and how, so as to support the neutral certain requirements on the framework around the court and objective role that the courts are intended to have. hearing and on the person leading the court hearing. Good and respectful attention to all those involved in The presiding judge must be aware of his/her role as the a court hearing will ensure that the participants have person who is responsible for looking after all participants confidence in the courts of justice and the decisions in the court hearing while at the same time ensuring that made there.

26 27 Court hearings

MANY PARTIES AND WITNESSES WILL BE HIGHLY VULNERABLE AND EXTREMELY SENSITIVE AS REGARDS WHAT HAPPENS IN CONNECTION WITH AND DURING THE COURT HEARING.

26 27 CHECKLIST • • Court hearings

HOW WHY HOW WHY

Ensure that a correct and appropriate notice of the court Creates realistic expectations. If someone talks a great deal about irrelevant things, ask Brings the case back in line, quickly and effectively. hearing has been sent to all parties with correct information clarifying questions along the way to lead the witness about the hearing, unless they were all given the notice back to relevant topics. at the planning meeting. Let the judges look through the notice before it is dispatched, if applicable. Ask the witness to further explain anything that is Brings the case back in line, quickly and effectively. unclear. Follow up with correct information at the courthouse. Makes it easier for people to find their way and to start on time. Stop any inappropriate behaviour. Demonstrates respect for the court and the parties. Arrive and start on time – also after recesses. Allow Sets the standard of discipline for the rest of the court realistic times for recesses. Give notice of any delays. hearing and any subsequent hearings. When the witness has finished, ask whether he/she has Demonstrates respect and creates confidence in the said everything they wish to say. neutrality and thoroughness of the court. Spend sufficient time explaining the legal aspects to lay Makes it simpler for the lay assessors to familiarise When the hearing is over, explain what will happen from Creates predictability and realistic expectations. assessors prior to the case. New lay assessors should be themselves with the case more quickly and to now on, and when the judgment/order will be ready. shown the information video. understand the issues. Take your farewells of the participants just as pleasantly Gives everyone the feeling that the judge is completely Check that all physical aids are in place (use a checklist Allows you to focus directly on the participants in the and politely as you bid them welcome, regardless of how neutral and impartial. for preparation of the courtroom or put an addendum on case. they have conducted themselves during the case. the case documents, if applicable). Act professionally, also towards parties or participants Body language is powerful. It doesn’t take much Consider what you will allow in the way of drinks in the Normally, only water is offered – the same for everyone. that you know. Avoid “pats on the shoulder” and familiar to leave an impression that one party is in a more courtroom. This makes it simpler to clear up afterwards. comments. favourable position when a judgment or order is to be pronounced. Establish eye contact with everyone present. Greet Gives all those present a feeling of having been seen. everyone equally pleasantly and politely. Offer coffee when deliberating with the lay assessors. Demonstrates that you appreciate the participation and presence of the lay assessors. Go through all the necessary formalities and give Gives all parties a feeling of predictability and security information about how the court hearing will be that they will be allowed to speak. Calms down conducted. The judge should present himself/herself witnesses. to the other participants and persons present. • • Difficult court hearings

Distribute eye contact and attention equally on all parties. Gives everyone a feeling that the judge is completely HOW WHY neutral and impartial.

Go through what you think will be the most difficult aspects This makes you better prepared to tackle demanding Use the same form of address to all the persons present. Attends to all formalities. of the hearing well before-hand. Discuss this preferably situations and makes it easier to keep calm under with a colleague who is well acquainted with the legal stress. Adapt the form to the seriousness of the case. Speak to, Gives everyone the feeling that the judge is neutral aspects of the case. and not about, the parties. and impartial. Remember that it is easier to create an atmosphere in the courtroom than to remove it. Keep cool and act highly formally, even if you are Retains your neutrality and authority as the presiding personally provoked. judge. Introduce the participants in the courtroom to each new Gives the person concerned a feeling that the court witness, explain what is about to happen – take into hearing is being performed in a correct and just manner. Argue and reason all decisions highly formally, even Retains your neutrality and authority as the presiding account that many will be nervous. if it is tempting to be polemical. judge.

If you have to write while a witness is giving evidence, lift Shows that you respect the person in question and that your eyes as often as possible and establish eye contact you are listening actively. with the witness.

28 29 CHECKLIST • • Court hearings

HOW WHY HOW WHY

Distribute eye contact and attention equally on all parties. Gives everyone a feeling that the judge is completely HOW WHY neutral and impartial.

28 29 • • Possibility for court-administered mediation? Court-administered HOW WHY MEDIATION Keep considering under way whether the potential for May lead to a good solution more quickly. agreement exists.

Exploit actively and summarise points that may May lead more quickly to a result that both parties are contribute to agreement, but do not hold back on points satisfied with. on which the parties disagree.

• • Cases attracting media attention

HOW WHY

Ensure that the courtroom is sufficiently large. It may be If is important to ensure openness around the exercise WHEN THE PARTIES MEET appropriate to transfer the case to another courtroom. of power by the courts. This means that the media must FOR COURT-ADMINISTERED be admitted. If no space has been planned for the media, MEDIATION, IT SHOULD BE it may be disruptive for the court hearing or for the MADE CLEAR THAT THE judge prior to the hearing. OBJECTIVE IS TO ARRIVE AT

It may be worth organising a meeting with the media This should reduce the fuss surrounding the actual AN AMICABLE SOLUTION THEY prior to the hearing, for example by means of a press hearing – and is good service to the media. CAN LIVE WITH. release/e-mail to the editors about the progress of the case and what is permitted.

The main rule is that only professionals may film court In criminal cases no audio or visual recordings may be hearings. Consult the media handbook for judges for made unless the court decides otherwise. Very special more information on how requests from the media circumstances must exist if permission is to be granted Trond Magne Movik, Land Consolidation Appeal Geir Engebretsen, President should be handled. for audio or visual recordings to be made of witnesses Court Administrator Oslo District Court or indicted persons. Agder Land Consolidation Appeal Court The Land Conciliation Court may use court- Cases in which the parties have the right of free Notification of pronouncement of judgments (the parties This should reduce the fuss surrounding the actual administered mediation in cases involving principles disposition in the sense that they are able to enter shall be notified one hour before the media) and rapid hearing and makes for good service to the media. of law. When the parties meet for court-administered into agreements relating to the legal relations, may be distribution of the judgment. mediation, it should be made clear that the objective suitable for court-administered mediation. The purpose is to arrive at an amicable solution they can live with. of court-administered mediation is to reach a This, along with the opportunity to use special meetings settlement or to simplify the case. Court-administered with the parties, makes the possibility of reaching mediation is a form of conflict resolution in which the conciliation considerably greater than in ordinary parties are given more control of the process and where court hearings. Court-administered mediation also a settlement may give a result that it is easier for them causes far less strain on the parties and normally to live with. leads to a better starting point for further cooperation The judge preparing the case must, as part of his/her between the parties. For the Land Consolidation active leadership of the preparation of the case, keep Court it is an effective working method. The cases are the possibility of court-administered mediation in mind. resolved quickly and it is much less necessary for the The court must consider, among other things on the judge to set aside time for follow-up work. basis of the specific issues of the case, whether court- administered mediation ought to be held, and discuss the question of mediation with the parties. 30 31 • • Possibility for court-administered mediation? Court-administered HOW WHY MEDIATION Keep considering under way whether the potential for May lead to a good solution more quickly. agreement exists.

• • Cases attracting media attention

HOW WHY

HOW WHY HOW WHY

Many of the items relating to court hearings also apply to The starting point is the same: a conflict, but court- Make a plan for special meetings – what can I include Prevents the conflict level from increasing by the court-administered mediation administered mediation is a form of conflict resolution. and what can I not include? parties gaining information about each other.

Already in the order to file notice of intention to defend, May prevent more extensive court proceedings and Treat both parties equally when both are present. Creates a feeling of equal worth and justice. the defendant should be informed of the possibility of provide a better solution for the parties. using court-administered mediation. Get at what the parties are particularly concerned about Contributes to a better and quicker result. and what is needed to resolve the case. Before meeting, a planning meeting should be held to Creates the basis for a better dialogue and a better clarify whether the parties have considered whether solution during the mediation. Try to guide them towards a solution which makes the Most people will accept a solution more readily if they court-administered mediation is desirable. And whether parties feel they have ownership of it. feel they thought of it themselves. a party takes a negative stance towards this. Inform the parties about the consequences of not May contribute to the willingness of the parties to The notice of meeting should contain information about Contributes to predictability and to the success of the reaching a solution and, in that event, start giving stretch themselves a little further to reach the who is to mediate, and also about any change of mediator mediation. information about preparing the case for court. objective. – the lawyers must be told about this at an early stage, but be made aware that there may be a change. Be aware that the lawyer and the party may have Costs of the case and claims for fees. conflicting interests – in that event, take the party’s Decide on what a possible solution might be. To make certain that the agreement will resolve the interests into account. existing challenges.

Gain an overview of what the parties agree on and what This will improve the progress of the mediation. they disagree on.

Consider whether it would be useful to contact the parties’ Provides you with an opportunity to allow for new • • Difficult situations lawyers in advance to “test the waters”. problems, to avoid them coming as a surprise. HOW WHY Make certain that you are thoroughly acquainted with the Easier to achieve a good result. case. Obtain as much information as possible. The better informed you are, the easier it is to find good solutions. It is important to be aware of how we receive people who The parties to a court-administered mediation are in an are about to undergo mediation – how they are going to apprehensive and stressed situation. This makes them In case of child custody disputes – keep a suitable Close contact may be misunderstood. sit, etc. must be clarified beforehand – also with the sensitive to small nuances that may be misinterpreted. distance to all parties, also the expert witnesses. executive officer. The parties ought to sit nearest the judge to prevent them from “hiding” behind their lawyer.

Clarify the authorisation issues before the meeting, or Attends to all the formalities. as early as possible in the meeting.

Serve coffee at suitable points in the proceedings – this Contributes to a good climate during the mediation signals that this is a different atmosphere than in court. procedure.

Shake the hands of everyone and explain how the Creates a feeling of equality and predictability. mediation will be conducted.

32 33 CHECKLIST • • Court-administered mediation

HOW WHY HOW WHY

Gain an overview of what the parties agree on and what This will improve the progress of the mediation. they disagree on.

Clarify the authorisation issues before the meeting, or Attends to all the formalities. as early as possible in the meeting.

Serve coffee at suitable points in the proceedings – this Contributes to a good climate during the mediation signals that this is a different atmosphere than in court. procedure.

Shake the hands of everyone and explain how the Creates a feeling of equality and predictability. mediation will be conducted.

32 33 Site inspections

IT CAN OFTEN BE EASIER FOR PARTIES, WITNESSES AND EXPERT WITNESSES TO MAKE STATEMENTS AND POINT OUT THINGS DIRECTLY AT THE INSPECTION SITE THAN TO GIVE EVIDENCE IN A COURTROOM.

Yngve Svendsen, President Harald Haraldstad, former Land Consolidation Kristiansand District Court Court Administrator Akershus and Oslo Land Consolidation Court In some criminal cases or civil cases it is necessary to In all cases under the Land Consolidation Act it undertake an “on-site visit” in order to provide the court is necessary almost without exception to make site with sufficient knowledge about important evidence. For inspections, and often several in the same case. During example, this may be relevant in a case where a house the site inspection the court obtains an overview purchaser is claiming compensation because he alleges of what it has to consider, whether they be that the house had serious defects. In a site inspection, the cases pertaining to principles of law, regulations entire court travels to the place or the object to be or discretionary decisions. Site inspections are examined in order to take a closer look at it along with the important to the parties, as for most of them it will professional participants (for example the lawyers/the be easier to make statements and point out things prosecutor) and the parties. It can often be easier for parties, in the field than inside a meeting room. Regardless of witnesses and expert witnesses to make statements and the type of site inspection, they have to be planned point out things directly at the inspection site than to give and carried out in the best possible way. evidence in courtroom. By making a site inspection the court gets a better first hand-impression of the important evidence that is under examination and thus a better basis for deciding the case. 34 35 Site inspections

IT CAN OFTEN BE EASIER FOR PARTIES, WITNESSES AND EXPERT WITNESSES TO MAKE STATEMENTS AND POINT OUT THINGS DIRECTLY AT THE INSPECTION SITE THAN TO GIVE EVIDENCE IN A COURTROOM.

Advise the parties as to what clothing is most appropriate Some site inspections are conducted in wild and rough to wear. terrain.

Tell the parties what the purpose of the site inspection is Creates predictability and prevents conflicts during the and the ground rules that apply. Agree before the court inspection. hearing on what is to be inspected and the route to be taken.

Take the time you need. This helps the parties to feel their message is heard.

Remember that a site inspection is only intended to point It is difficult to write while in the field. out actual facts – not to argue the case.

Keep everyone together. Everyone is meant to see and hear what is being said about what is important to the court.

When everyone has had their say, consider the possibility Saves time and court expenses. MANY THINGS NEED TO BE of a settlement. TAKEN INTO CONSIDERATION IN ORDER TO FIND A GOOD Check that all witnesses participating in the site To assist the further processing and court proceedings. BALANCE BETWEEN DIGNITY inspection have been called as witnesses. AND EFFICIENCY.

Display the claims that apply during the site inspection. To allow everyone to have the same picture of what the case is all about.

Helge Bjørnestad, President Stavanger District Court

• • Difficult situations It is important that the judgment is well communicated in a way that is easy to understand, and that the convicted person has understood the judgment and HOW WHY the grounds for judgment.

If the parties start to argue during the site inspection, Simplifies the site inspection. attempt to refer to the court proceedings as the correct place for this.

36 37 CHECKLIST • • Site inspections Service HOW WHY OF JUDGMENTS Agree clearly on when and where to meet and who is to In order to ensure that all of them meet up at the right attend. place.

Advise the parties as to what clothing is most appropriate Some site inspections are conducted in wild and rough to wear. terrain.

Take the time you need. This helps the parties to feel their message is heard.

Remember that a site inspection is only intended to point It is difficult to write while in the field. out actual facts – not to argue the case.

Keep everyone together. Everyone is meant to see and hear what is being said about what is important to the court.

Display the claims that apply during the site inspection. To allow everyone to have the same picture of what the case is all about.

Helge Bjørnestad, President Stavanger District Court

If the parties start to argue during the site inspection, Simplifies the site inspection. attempt to refer to the court proceedings as the correct place for this.

36 37 CHECKLIST • • Service of judgments

• • Service of judgment by attendance at court HOW WHY

Assess when it is appropriate to pronounce judgment or Many things need to be taken into consideration in HOW WHY to serve notice on the parties to attend pronouncement of order to find a good balance between dignity and judgment on the basis of: efficiency. Send the judgment to the front office in sufficient time Gives the front office freedom of action to carry out to initiate internal routines for service, where this is the the service. • Seriousness of the case • Risk and security practice. • Length of sentence • Human aspects • Age of the indicted • Practical considerations Think about safety and security when serving judgment Creates security for both the court staff and the • Media attention • Preventive considerations in cases where there may be reason to expect strong convicted person. • General interest • Other considerations? reactions.

State in the court hearing how the judgment will be Creates predictability and security. When a judge pronounces judgment, use a suitable Preserves the court’s solemnity and dignity and is less served and explain what the alternatives entail – hand meeting room or a courtroom. personal for the judge than in an office. out forms. Irrespective of where judgment is pronounced, let an Reduces waiting time. See to it that an interpreter is provided as needed and Gives the interpreter good working conditions executive officer have the case documents for copying. that the interpreter is given a copy of the judgment. and the convicted person greater security that the interpretation is correct. Spread the times for service of judgment throughout the Reduces the risk of queues forming. day.

Refer the parties to a separate room for service (where Demonstrates discretion and respect for the convicted one exists). Think about what will happen behind the person. • • Pronouncement of judgment in court counter when the service of judgment is in progress.

As a rule, during service of judgment by attendance at Most people are concerned about the result, and HOW WHY court, only the conclusion of judgment is read, although thereafter why things went the way they did. questions concerning the grounds for judgment are When serving judgment: consider what is significant The convicted person is probably most interested in answered. information and the sequence of information. In cases the result, but in the event of major and complex cases involving a great deal of media interest, consider the it may be necessary to include more about the grounds If the person in question is convicted, explain the Attends to the neutrality and integrity of the court. Be sequence to highlight as much as possible of the for judgment. three options available to him/her: aware that the person in question may feel pressurised grounds for judgment. • Accept to accept, and recommend time to think in case of • Time to think evident uncertainty. See also the checklist for court hearings and eye contact Attends to the neutrality, integrity and authority of • Appeal and other considerations. the court.

Consider whether it is in the public interest to film the Shows that the court understands its obligation to society. pronouncement of judgment.

Assess the need for a separate press conference after In cases involving complicated questions of law it may the pronouncement of judgment. be necessary to explain both the judgment and the grounds.

38 39 CHECKLIST • • Service of judgments

• • Service of judgment by attendance at court HOW WHY

Consider whether it is in the public interest to film the Shows that the court understands its obligation to society. pronouncement of judgment.

Assess the need for a separate press conference after In cases involving complicated questions of law it may the pronouncement of judgment. be necessary to explain both the judgment and the grounds.

38 39 Fees PROCESSING OF FEES

ESTABLISH COMMON ROUTINES BETWEEN THE EXECUTIVE OFFICERS, JUDGES AND THE ACCOUNTING UNIT.

Ina Strømstad, District Court Judge Oslo District Court

For many of the regular users of the courts, such as lawyers, interpreters and others, the fees they earn from the courts is their most important source of income. It is important for there to be uniform practice as regards the court’s control procedures and approval of statements of fees, and for good routines for quick and correct disbursal.

40 41 Fees PROCESSING OF FEES

ESTABLISH COMMON ROUTINES BETWEEN THE EXECUTIVE OFFICERS, JUDGES AND THE ACCOUNTING UNIT.

Ina Strømstad, District Court Judge Oslo District Court

40 41 CHECKLIST • • Processing of fees Ceremonies HOW WHY /MARRIAGES Statements of fees should be processed at once Think of this as other people’s wages. – max. 30 days deadline for processing statements.

Record the fee statements immediately. Easier to settle at the end.

Clarify the division of responsibility as regards how to Goes quicker in the end. process the fee.

The judges should process the fee statements Goes quicker in the end. immediately.

It may be necessary to spend a little more time and Ensures correct payment to everyone and acceptance obtain all fee statements from lawyers so as to compare of the time consumption. fee levels. Inform everyone of this.

Establish common routines between the executive Speeds up processing. officers, judges and the accounting unit.

Establish routines that also allow for holidays and sick Quicker and more correct processing. leave. MOST OF THOSE WHO COME TO THE COURT FOR Prepare and send standard letters in cases where fee Speeds up processing. A CIVIL MARRIAGE WANT statements are returned. A SOLEMN FRAMEWORK AROUND THE EVENT.

• • Difficult situations Børge Trondvold, Head of Administration Sør–Trøndelag District Court

HOW WHY It is our impression that most of those who come to the court for a civil marriage want a solemn In the event of a complaint against the processing of fees, Gives the impression of courtesy and complete freedom framework around the event. This is well attended agree to take another look at the matter. of action to arrive at any result. to by means of the established ritual and the tasteful design of the ceremony room.

42 43 CHECKLIST • • Planning meeting in criminal cases

WHAT/HOW WHY (alt. responsible and deadline?)

Fixing of date

Fixing of date and check of professional judges (impartiality, court competence), lay judges and deputy lay judges. Fixing of dates with expert witnesses

Prosecutor, co-prosecutor, assessor, defence counsel(s), counsel(s) for the victim(s).

Roles of the actors

Review of all actors with responsibilities during the case: Professional judges, lay judges, including deputy lay judges, the prosecution, assessor for the prosecution, defence lawyers, counsels for victims, personnel responsible for security, police presenting the defendant, executive officers in the court, reception at the court, expert witnesses, court usher, interpreter, witness support volunteers, employees responsible for practical preparations and execution.

Premises – need to shield offended party and/or witnesses

Petitions/motions prior to the case and/or during the case

Shielding, who handles the practical aspects

Adjacent rooms for testimonies

Adjacent room for the defendant

Utilisation of the court room and surrounding areas planned in detail

Time management

Overview of responsibilities and milestones

Schedule from the indictment

Factual extract

Legal extract

Digitised case coded and saved

Number of days in court

Days with no court sessions

Duration and breaks during days in court

When do expert witnesses appear

43 CHECKLIST • • Planning meeting in criminal cases

WHAT/HOW WHY (alt. responsible and deadline?)

When do counsel(s) for the victim(s) appear

Registration of presence

Deadline closed doors

Opportunity for offended party(ies) and witnesses to familiarise themselves with the court premises prior to the proceedings

Presentation of the defendant

Facilitation of opportunities for the defendant to prepare his or her defence

Clarification of petitions for adjournment/extension of time and/or investigation and /or other rogatory commissions

Technical equipment

Digital prosecution/digital court hearing

Training regarding digital hearing

Compatible systems

Technical assistance during the case

Collaboration with the prosecutor's assistant/court's responsible personnel

Check of technical equipment, AV equipment, playback equipment, transfer equipment

Microphones and speakers

Guest network, capacity, password, usage

Transfer to other rooms

Transfer to and/or from other court rooms and/or prisons

Playback of judicial interviews

Transcripts pf dialogues

Audio and images from questioning/examinations

Interpreter

Language. Appointment of interpreter. Check of competence. Impartiality. Location in the room. Interpreting equipment.

44 WHAT/HOW WHY (alt. responsible and deadline?)

In cases involving interpreters, the judge may make the parties aware that there is an interpreter, and that the actors must take interpretation into account. The interpreter must be granted time to interpret, and the speaking of the actors must be loud and clear enough to ensure that the interpreter can hear what they say. More breaks are needed in cases with an interpreter in order to prevent the quality of the interpretation from gradually dropping. When the court has a break, the interpreter also has a break. In case of longer court hearings and cases lasting several days, at least two interpreters will be required. The number of interpreters will also depend on the number of language combinations requiring interpretation.

Media

Information letter to the press with registration of attendance

Information meeting, person responsible for the press and media representative

Media plan, statements to the press (not relevant for the judge)

Demands for access to information from the press. Bill of indictment. List of evidence. Schedule. Closed doors. Reporting restrictions.

Heading

Food and beverages in the room for the defendant, offended party, witnesses if transport to alternative location is not possible.

Use of screen/paper towards media/public

Shelves for binders/folders for the actors

Parking spaces and canteen

Video and audio recordings

Are the proceedings to be recorded (audio/images)? Consent? Who is responsible?

Inspection

Need for inspections

Included in the schedule

Overview of who is to take part in the inspection

45 CHECKLIST • • Planning meeting in criminal cases Media relations WHAT/HOW WHY (alt. responsible and deadline?) AND INTERVIEW SITUATIONS Transport to the site to be inspected

Safety during the inspection

Responsibility for equipment during the inspection

Need for reconstruction during the inspection.

Remote testimony

Telephone testimony

Remote testimony video link

Security

Security in the court room, responsibilities and measures

Security for the defendant, the police's assessments/ judicial review

Security at the entrance

Start-up - information circulars THE COURTS DEPEND Continuously updated information ON PUBLIC TRUST AND

Continuous tidying and cleaning of the premises. CONFIDENCE. Responsibilities of lessor and lessee

Passing of sentence

Publication of the judgment

Service (service at court hearing, appearance in Finn Haugen, District Court Judge person, service at agreed time, lack of appearance, the judgment is considered served) alt. in prison. Oslo District Court

Reservation in advance of time slot for appeal case The courts depend on public trust and confidence. And proceedings so the impression of professionalism, just process of law and correct judgment is important. For most people, their impression of the courts is created by media coverage of particular cases. It is therefore necessary for the courts to actively participate in ensuring that the media provide a full and correct picture of these cases. Objective media coverage is the same as providing good information to the general public.

4646 47 Media relations AND INTERVIEW SITUATIONS

THE COURTS DEPEND ON PUBLIC TRUST AND CONFIDENCE.

Finn Haugen, District Court Judge Oslo District Court

The courts depend on public trust and confidence. And so the impression of professionalism, just process of law and correct judgment is important. For most people, their impression of the courts is created by media coverage of particular cases. It is therefore necessary for the courts to actively participate in ensuring that the media provide a full and correct picture of these cases. Objective media coverage is the same as providing good information to the general public.

46 47 CHECKLIST • • Media relations and interview situations

• • Media relations

HOW WHY HOW WHY

Ensure that the courtroom is large enough. It is important to ensure openness around the court’s Ask what context the case will be set in and how much Gives you a better understanding of the journalist’s exercise of power. This means that the media must be the journalist expects to get from you. But do not start agenda and what you are in fact being asked to admitted. any examination of the case or the interview will have comment on. Besides, journalists are obliged to state started before you know it. the premises for the interview but do not always Sometimes it may be appropriate to transfer the case to If no space for the media has been planned, it may be volunteer this information. another courtroom. disruptive for the actual proceedings, or for the judge before the hearing starts. Discuss the case with a colleague, or a PR Manager at If you are in doubt about how much to give of another court or one of the PR officers at DA. information and what comments to make, it is always It may be a good idea to meet the media before the case This should reduce the fuss surrounding the actual wise to get advice from someone who is able to view starts, for example by issuing a press release/e-mail to hearing – and is good service to the media. the case from the outside. the editors about the handling of the case and what is permitted. Clarify whether you are willing to give an interview at all. In order to consider transparency, as opposed to going beyond what is written in a court decision, for example. As a rule, only professional photographers may film In criminal cases audio and video recordings are court cases. See more about how to handle requests prohibited, unless the court decides otherwise. Very Clarify whether you are willing to give an interview at all. In order to consider transparency, as opposed to going from the media in the media handbook for judges. special circumstances must exist for permission to beyond what is written in a court decision, for example. be granted is to make audio or video recordings of witnesses and those indicted.

Notification of pronouncement of judgment (the parties This should reduce the fuss surrounding the actual will be notified one hour before the media) and quick hearing – and is good service to the media. • • Difficult situations distribution of the judgment. HOW WHY

If the journalist fails to accept that you do not wish to give The more formal you are, the easier it is to keep a information or comment on a case, start again and refer to friendly tone and avoid the conversation becoming • • Interview situations laws and regulations. heated.

If the journalist asks the same question repeatedly, Shows that you stick by the boundaries you have set HOW WHY interrupt and say that you have already answered it. and that it is not necessary to press them any further. Ask if the journalist can quote your answer. Consider whether this is something you should be talking At times it may be inappropriate for the judge who has about and think about the possibility of referring the matter to presided over a case also to comment on it. If the case concerns specific and/or critical actions that Formulations like “It is always a challenge…” and “Our the judges’ media group. See www.domstol.no/mediegruppe. are difficult to comment on, generalisation may be the experience is..” removes the focus from the specific to answer. the general, where it belongs. Do not answer questions from journalists if you are The journalist may be well prepared and know what unprepared, even if you are well acquainted with the case he/she is after. If you are unprepared, the journalist Try to keep calm – don’t be tempted to answer a question Helps you retain control and the boundaries you have the person is enquiring about. may gain control of the entire interview and drive you about something you do not know or had intended not to set. on to the defensive. It increases the risk of making say anything about, just to finish the interview. unfortunate statements. Remember that the journalist is capable of using Many journalists record all interviews on tape. It is a Ask to be able to call back later. Ask how urgent it is. Gives you time to acquaint yourself with the case and to everything you say. legally accepted way of making notes and represents prepare yourself for what you can talk about, and what no threat to anyone who is well prepared – quite the you cannot talk about. contrary.

4848 49 CHECKLIST • • Media relations and interview situations

• • Media relations

HOW WHY HOW WHY

48 49 Service & Interaction in practice

by ARNHILD OLSEN, Director of Administrative Department, Oslo District Court

USER FOCUS Another result of the seminars is an increased user focus. For example, common guidelines have been prepared for how we meet the various participants at the case preparation stage and in court. This has helped parties, witnesses and expert witnesses gain greater understanding and clarified their expectations as to how their meeting with the district court will be. As part of this work we have among other things created brochures which are sent to the parties in child custody cases, small claims cases and personal injury claims cases. In 2010 we created a brochure with substantial and useful information for witnesses. By agreement with the police, the brochure is sent to all witnesses along with the witness summons. The brochure has also been translated into English.

The brochure “When mother and father are in conflict” was created on the basis of a review of the child and family cases in Oslo District Court. The wording and design of the brochure were decided in close cooperation between BUFetat (Norwegian Directorate for Children, Youth and Family Affairs), the Contact Committee for Immigrants and the Authorities, and representatives of the newspaper Klar tale The interaction between the court’s employees influences the quality of our work individual employee as to how the principles are complied (Straight talking) and the family counselling services. and the service we provide to our users. The same applies to the cooperation with with in the day-to-day work. They were therefore included in the various external participants in the court system. Therefore, good interaction the interview forms that we use for the annual employee INTERACTION SKILLS between and across various levels is an important means to achieve the courts’ appraisal interviews. We also conducted an employee survey In the spring of 2010, we conducted separate skills-building overarching objectives. in the autumn of 2009, in which all employees were asked seminars for the executive officers of the district court. One of how well they thought the interaction principles were the questions we asked was: what are the skills needed by a Against this background, Oslo District Court, in common with many other courts working in practice. The results were very encouraging. good executive officer in Oslo District Court? There was general of justice, arranged a series of seminars for all its employees where the central This has also contributed to maintaining a focus on the consensus among the group of executive officers that a positive focus was on service and interaction. The seminars addressed important substance of the principles. service attitude and extensive interaction skills were important elements of the day-to-day interaction with external players as well the internal elements. cooperation within the district court. They also provided a good opportunity to CONCRETE RESULTS agree on some shared values and objectives relating to the service work done Included in the points for improvement that emerged during BOOST within the court. Other useful results from the seminars were the checklists and the service and interaction seminars, two things emerged The service and interaction seminars were a great source of the service and interaction principles. repeatedly: reception and the telephone. In our large inspiration and gave us all a boost in our day-to-day work. organisation we solved the problem by setting up a reception Furthermore, all employees have now got a common point USEFUL TOOLS project and a telephone project, both in cooperation with Oslo of reference. We hope and believe that our interaction will After the seminars, we wanted to use the checklists and the service and interaction County Court, which is in the same courthouse. The reception constantly improve, both internally in the court and with our principles in a dynamic way. The lists formed the basis for discussions about project resulted in an upgraded reception solution and a users and partners. We are aware that new issues needing developing routines and procedures and about the internal interaction in the much better workplace for those who work there. The final improvement are bound to appear, but this is precisely what departments. Key questions for the departments were: which consequences would part of the project will be to put in place new and more makes the process so interesting and challenging. these things have for individuals and for the department? In which situations ought informative information displays for the general public. As a we to change the way we act? Was there a willingness to change our routines? result of the yet to be finished telephone project, there is a In June 2011 we conducted a user survey aimed at everyone desire to develop common solutions for voicemail and regular working in the court. The results of it will provide us with new FEEDBACK reply sites. This is important and necessary work aimed at targets to strive for. Subsequently we have used the service and interaction principles actively in our providing the best possible service for the approximately 800 governing documents. We have also been concerned to get feedback from each callers who contact the courthouse every day.

5050 51 Service & Interaction in practice by ARNHILD OLSEN, Director of Administrative Department, Oslo District Court

50 51 SERVICE AND INTERACTION PRINCIPLES

DIFFERENT DUTIES – COMMON PRINCIPLES An executive officer may offer guidance on procedure in cases within the court’s A court of justice has many different duties to perform. Those working at the competence. Normally a judge may also assist as required. If there is a waiting court may have varying approaches to their tasks and may solve them in time, we will let you know when we are able to be of assistance. different ways. To be able to ensure a more uniform approach to good service and interaction, many courts have therefore prepared common service and Nord-Gudbrandsdal Land Conciliation Court chose the following solution: interaction principles. The examples below illustrate some of these principles. Service targets for the Land Conciliation Court:

SERVICE PRINCIPLES • Keep an open door for everyone • Be friendly and helpful The service principles represent what our uses may expect from all court • Listen to what you are saying employees. Using the checklists as a starting point – what should be the key • Clarify how we can be of help points applicable to the service provided by the court to the general public and • Give correct information other users, regardless of their reason for visiting the court?

One example is: INTERACTION PRINCIPLES The interaction principles represent what we can expect from one another In Hålogaland Court of Appeal we will: as colleagues in our day-to-day work. What are our internal assumptions • Bear in mind our function in society to enable us to live up to the service principles of the court – regardless of • Remember how important the case is to the person in question roles and responsibilities? • Make speedy and correct decisions that create acceptance and trust • Ensure that everyone involved in a case returns home with a feeling of One example that represents the bearing principles of many courts is: there having been a “fair trial” • Show humility in relation to the power we exercise The aim of teamwork in Hålogaland Court of Appeal is to: • Know one another’s competence Another example is Oslo County Court, where the staff set up a few simple • Help and provide respite for each other bullet points concerning service to their users: • Give and receive necessary information • Be polite and helpful • Praise one another • Highlight all relevant elements • Give one another constructive feedback • Provide correct information • Accept any corrections • Be objective • Deliver high professional quality • Be efficient

…and following that, they included the principles in a more comprehensive statement: We emphasise the importance of carrying out our day-to-day work efficiently and with high professional quality. We wish to meet users and the general public in a professional and helpful manner. This applies whether you are appearing in a court case, in conciliation proceedings or you are attending in person or over the telephone.

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52 53 MY NOTES MY NOTES

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OUR PERCEPTION OF ONE ANOTHER IS DETERMINED BY WHAT WE DO, AND WHAT WE DON’T DO. Jon Gangdal, seminar leader

Do you have any questions? Contact Department of Service Development at the NORWEGIAN COURTS ADMINISTRATION, tel.: +47 73 56 70 00 www.domstol.no