Revista da EMERJ - V. 21 - N. 3 - Setembro/Dezembro - 2019 - Tomo 1

75  R. EMERJ, Rio de Janeiro, v. 21, n. 3, t. 1, p. 72-86, set.-dez., 2019  TOMO 1 Litigation before state courts, on this model, tends to be a last resort. There is a general preference for alternative dispute resolution over judicial proceedings before state courts and hard law. By way of example, according to the Consumer ADR Directive, even when the ADR entity “imposes” a particular outcome on the consumer, this solution need not comply with the general law – but only with that part of consumer protection law that the parties cannot derogate from to the detriment of consumers (Art. 11). 6 6 Further arguments to support ADR procedures point to those kinds of disputes which are more suited for settlement through mediation and other alternative dispute resolution approaches. B. The aim of my presentation is to show the extent to which the use of indicators for evaluating and comparing the performance of national judicial systems is not only able to describe the state of affairs in the civil justice systems, which are the target of these surveys, but also to exert pressure for changes in the purposes of the judicial systems at large. C. There is no generally shared meaning for the term ‘indicator’, but for the sake of this paper the following definition suffices: “An indicator is a named collection of rank-ordered data that purports to represent the past or projected performance of different units. The data are generated through a process that simplifies raw data about a complex social phenomenon. The data, in this simplified and processed form, are capable of being used to compare particular units of analysis (such as countries, institutions, or corporations), synchronically or over time, and to evaluate their performance by reference to one or more standards”. 7 The production of indicators in global governance has, from the start of this century, rapidly spread. 8 Focusing only on the use of indicators in cross-country comparative surveys of judicial systems, one 6 Wagner , “Private Law Enforcement through ADR. Wonder Drug or Snake Oil?”, 51 Common Market Law Review 2014, 165, 177. 7 Davis/Kingsbury/Engle Merry , Indicators as a Technology of Global Governance, in: 46 Law & Soc’y Rev. 71 Law and Society Review, 2012, 71, 73. 8 For a global account, Davis/Fisher/Kingsbury, Governance by Indicators. Global Power through Classification and Rankings, 2012; Davis/Kingsbury , Indicators as Interventions: Pitfalls and Prospects in Supporting Development Initiatives, 2011, http://www.rockefellerfoundation.org , (zuletzt abgerufen 22.9.2017).