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The genesis of a private justice system

  • Writer: Ferran Zurita García
    Ferran Zurita García
  • Mar 23
  • 3 min read



For almost two decades, the world has been experiencing a "democratic recession," accompanied by a degradation of the rule of law and legal certainty. According to the Democracy Index, the global score for democratic health has fallen to 5.17 out of 10, dragged down primarily by government dysfunction, which scores a critical 4.53 globally. Institutional paralysis, bureaucracy, and state inefficiency have undermined public trust.


In Spain, this dysfunction translates into a collapsed judicial system. 72% of citizens consider justice to be slow, and average trust in the system is a mere 3.1 out of 10. An ordinary lawsuit paralyzes resources for years. Justice that arrives late and in which citizens do not trust is not true justice.


Faced with this structural failure of the public system, private justice must mutate from being a niche luxury into an accessible tool for the general public. However, to understand the true genesis of IMPERA, we must first analyze where the dispute resolution sector itself has failed.



Fewer Rules, more market forces.


The main problem with the current arbitration sector is a Go-To-Market error. Traditional arbitral institutions focus all their sales efforts on advertising "new rules" or explaining the complexities of the UNCITRAL procedure and new Soft Law guidelines.


This legal work is absolutely critical; however, the average citizen is completely unaware of the existence and functioning of arbitration and other ADR (Alternative Dispute Resolution) mechanisms, and rightfully so. Rules, guidelines, and regulations are of interest to jurists and industry professionals, but their target is not the end client.


For the expansion of a true private justice system, companies must trust it without requiring advanced technical knowledge to adopt it. That is, more commercial vision is needed, not more procedural treaties.


Imagine if a car brand's marketing strategy consisted of explaining how an internal combustion engine works. Users do not buy engines; they buy comfortable and fast means of transportation. Similarly, companies do not care about arbitration, a court's new rules, or litigation per se; they want to sign contracts, execute projects, and operate frictionlessly.




IMPERA: An ecosystem


An effective commercialization strategy in the sector requires a fundamental shift in focus: the reconceptualization of justice.


True justice does not consist solely of punishing the offender once the damage is done, but of designing a system that incentivizes and rewards those who comply honestly. IMPERA is not born as an arbitral institution, but as a user-centric environment focused on satisfying market needs (rather than the administration of justice), where reputation becomes a tangible and quantifiable asset.


In this ecosystem, interaction does not begin with conflict, but with agreement. Through reputational scoring, the diligent fulfillment of obligations generates an immutable track record that incentivizes good faith. Those who prove to be reliable actors gain a real competitive advantage: the ability to operate with fewer collateral requirements, access to better financing conditions, and the acquisition of market authority.



The gears of information flow


For a private justice system to work on a large scale, it requires an operational infrastructure that is currently nonexistent. In the conventional model, each appointment of an arbitrator or other professional demands a disproportionate amount of bureaucracy. The search for specialized profiles, the management of professionals' availability, and the rigorous verification of conflicts of interest consume resources and artificially raise costs, making the scalability (and accessibility) of ADR impossible for the average citizen.


The IMPERA ecosystem solves this problem by building the necessary information transmission belts. By acting as a centralized network, the ecosystem registers and automates in real time the availability, track record, impartiality, and potential conflicts of interest of the experts.



IMPERA is the alternative to a justice system that no longer responds to the needs of commercial transactions. It is the unavoidable transition toward a fair, efficient, and above all, user-centric ecosystem.

 
 
 

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