Kosovo Property Rights Program (PRP) Report: Caseflow Management for Property Rights Cases in the Basic Courts September 2015

This report presents the findings from the first phase of research conducted by the USAID/Kosovo Property Rights Program (PRP) in four pilot courts (Courts of Merit – CoM) in Kosovo.  That research has been directed at identifying case flow and case management bottlenecks arising in the adjudication of property cases, with the ultimate aim of designing and introducing improvements to courts’ processes and to procedural law in order to enable courts to adjudicate property claims more efficiently.

PRP designed and applied a methodology of Differentiated Case Management (DCM) to develop substantive and procedural data elements with which to disaggregate and analyze court procedures to process and resolve property cases in order to formulate recommendations to improve efficiency and court performance. PRP applied this analysis to a total of 1, 276 property rights cases that were filed and disposed within a 30-month period (2013-2015).

PRP has found that on average these cases were disposed over a considerable length of time that far exceeds international standards.  PRP has also found that the courts are not using basic case management techniques for managing their caseflow.

Based on these findings, PRP has identified the Next Steps to be undertaken – to introduce basic case management techniques and methods within the CoM, which will then make it possible to apply a more refined DCM analysis to the courts’ caseflow and develop further specific recommendations for improving the efficiency of the CoM in adjudicating property cases.

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