Procedural justice in Alternative Dispute Resolution: Fairness judgments among users of Financial Ombudsman services in Germany and the United Kingdom

This article uses the lens of procedural justice theory to explore peoples’ experiences of an alternative dispute resolution (ADR) model: ombudsman services. We focus on two specific services that deal with complaints about financial services in Germany and the UK. Using and expanding upon procedural justice theory we ask two key questions: is the complaints process more important than its outcome; and does the importance of process and outcome vary between countries? In both countries we find a strong association between perceptions of procedural justice and outcomes such as overall perceptions of fairness, confidence in the ombudsman service, and decision acceptance. Against expectations, these associations are broadly invariant across the German and UK samples; but, despite this, all else equal German respondents expressed consistently more positive views. Our data add some nuance to the existing literature on procedural justice and suggest that the national context also plays a role in people’s decision-acceptance of ombudsmen. We suggest that national legal cultures provide for a framework of rules that guide people’s perceptions and behaviors in legal, quasi-legal and related environments

How Do Complainants Experience the Ombuds Procedure? Detecting cultural patterns of disputing behavior: A comparative analysis of users that complain about financial services

Are systems we use for resolving disputes designed in a user-friendly manner? What motivates us to accept a decision handed down by an ombuds? There is scant empirical evidence to help understand what users of ombuds expect from them and what informs these expectations. Yet, in a recent wide-ranging study Creutzfeldt (2016) asked people who had just been through an ombuds procedure about precisely these issues. Exploring the importance of fairness perceptions for ombuds procedures, one of the findings of the project was that decision-acceptance (and trust) was linked to users being heard, having a voice, and especially their “first impressions” of the ombuds. Does this finding hold true across different jurisdictions, though? By focusing on users of the German insurance ombuds (Versicherungsombudsmann) and the Financial Ombudsman Services (FOS) in the UK, this chapter will explore how procedural justice matters in different ways in different legal cultures. The data reveal culturally distinct narratives about expectations towards ombuds, which we suggest is partially a result of the different legal socialization experiences of people in Germany and the UK. Having identified patterns within the private sector, lessons learned for the public sector are discussed. We conclude this chapter with some thoughts as to how this study might direct future understandings of user experience and future research

Thinking holistically about procedural justice in alternative dispute resolution: a case study of the German Federal Ombud Scheme

This paper examines data collected from users of the German Federal Ombud Scheme. The data was collected as part of a research project to understand how the German Federal Ombud Scheme operates in practice and how its procedures and outcomes are accepted by its users. We begin from the premise that experience of procedural justice during this alternative dispute resolution (ADR) process will build institutional legitimacy, and the paper makes three contributions to the literature on procedural justice. First, we extend evidence of the link between procedural justice and legitimacy to a novel institutional context that is different in many ways to the criminal justice focus of much of the extant literature. Second, we consider the motivations of service users to engage with ADR as potential moderators of that link. Third, we analyse the relationship between procedural justice, subjective outcomes, and the actual outcomes provided to service users. Overall, we conclude that the link between procedural justice and legitimacy can be identified among those with very different motivations for using the German Federal Ombud Scheme

A voice for change? Trust relationships between ombudsmen, individuals and public service providers

There has been a debate for years about what the role of the ombudsman is. This article examines a key component of the role, to promote trust in public services and government. To be able to do this, however, an ombudsman needs to be perceived as legitimate and be trusted by a range of stakeholders, including the user. This article argues that three key relationships in a person’s complaint journey can build trust in an institution, and must therefore be understood as a system. The restorative justice framework is adapted to conceptualize this trust model as a novel approach to understanding the institution from the perspective of its users. Taking two public sector ombudsmen as examples, the article finds that voice and trust need to be reinforced through the relationships in a consumer journey to manage individual expectations, prevent disengagement, and thereby promote trust in the institution, in public service providers, and in government

A quality assessment of Spatial TDR soil moisture measurements in homogenous and heterogeneous media with laboratory experiments

Investigation of transient soil moisture profiles yields valuable information of near- surface processes. A recently developed reconstruction algorithm based on the telegraph equation allows the inverse estimation of soil moisture profiles along coated, three rod TDR probes. Laboratory experiments were carried out to prove the results of the inversion and to understand the influence of probe rod deformation and solid objects close to the probe in heterogeneous media. Differences in rod geometry can lead to serious misinterpretations in the soil moisture profile, but have small influence on the average soil moisture along the probe. Solids in the integration volume have almost no effect on average soil moisture, but result in locally slightly decreased moisture values. Inverted profiles obtained in a loamy soil with a clay content of about 16% were in good agreement with independent measurements

Glucagon-like peptide 1 improved glycemic control in type 1 diabetes

BACKGROUND: Glucagon-like peptide-1 (GLP-1) and its agonists are under assessment in treatment of type 2 diabetes, by virtue of their antidiabetic actions, which include stimulation of insulin secretion, inhibition of glucagon release, and delay of gastric emptying. We examined the potential of GLP-1 to improve glycemic control in type 1 diabetes with no endogenous insulin secretion. METHODS: Dose-finding studies were carried out to establish mid range doses for delay of gastric emptying indicated by postponement of pancreatic polypeptide responses after meals. The selected dose of 0.63 micrograms/kg GLP-1 was administered before breakfast and lunch in 8-hour studies in hospital to establish the efficacy and safety of GLP-1. In outside-hospital studies, GLP-1 or vehicle was self-administered double-blind before meals with usual insulin for five consecutive days by five males and three females with well-controlled C-peptide-negative type 1 diabetes. Capillary blood glucose values were self-monitored before meals, at 30 and 60 min after breakfast and supper, and at bedtime. Breakfast tests with GLP-1 were conducted on the day before and on the day after 5-day studies. Paired t-tests and ANOVA were used for statistical analysis. RESULTS: In 8-hour studies time-averaged incremental (delta) areas under the curves(AUC) for plasma glucose through 8 hours were decreased by GLP-1 compared to vehicle (3.2 ± 0.9, mean ± se, vs 5.4 ± 0.8 mmol/l, p < .05), and for pancreatic polypeptide, an indicator of gastric emptying, through 30 min after meals (4.0 ± 3.1 vs 37 ± 9.6 pmol/l, p < .05) with no adverse effects. Incremental glucagon levels through 60 min after meals were depressed by GLP-1 compared to vehicle (-3.7 ± 2.5 vs 3.1 ± 1.9 ng/l, p < .04). In 5-day studies, AUC for capillary blood glucose levels were lower with GLP-1 than with vehicle (-0.64 ± 0.33 vs 0.34 ± 0.26 mmol/l, p < .05). No assisted episode of hypoglycaemia or change in insulin dosage occurred. Breakfast tests on the days immediately before and after 5-day trials showed no change in the effects of GLP-1. CONCLUSION: We have demonstrated that subcutaneous GLP-1 can improve glucose control in type 1 diabetes without adverse effects when self-administered before meals with usual insulin during established intensive insulin treatment programs