The dynamic and iterative pre-dispute phase: the transformation from a justiciable problem into a legal dispute

The pre-dispute phase, during which justiciable problems may or may not emerge and transform into legal cases, is complex. Based on a meta-ethnography synthesis of 572 articles, all of which apply or refer to Felstiner et al.’s pioneering linear framework of naming, blaming and claiming, we analyze the many sorting mechanisms that are at play in the pre-dispute phase. We identified the institutional, political, cultural, and legal environments of various action arenas and the involvement of negotiating audiences as particularly important elements. Moreover, we found that the injured party’s experiences and handling of a justiciable problem do not necessarily follow a predetermined chronology. It may rather be considered in terms of a dynamic and iterative trajectory, where the justiciable problem is repeatedly (re)named, (re)blamed, and (re)claimed, before it transforms into a legal case, pursues alternative patterns of development, or remains unchanged.