Abstract
This article analyses the introduction of online court proceedings through the prism of access to justice. It distinguishes between the two major recent developments in terms of justice and court accessibility – ie the institutionalisation of alternative dispute resolution mechanisms and the expansion of online dispute resolution within public courts. Whilst both movements appear to be driven by similar theoretical forces, the practical adoption of fully online judicial proceedings constitutes a step towards a different direction, opening up new opportunities for attenuating the apparently intrinsic efficiency-fairness trade-off. Due to the unique features of digital technology, the emergence of state-provided online courts and tribunals for the resolution of minor civil disputes could significantly improve the efficiency of formal adversarial litigation processes, without the risk of sacrificing proper procedural protections. Overall, this article advocates that the balanced combination offered by online court systems, albeit not a panacea, may be translated into a potential enhancement of both ‘access’ and ‘justice’.
Highlights
This article analyses the introduction of online court proceedings through the prism of access to justice
It distinguishes between the two major recent developments in terms of justice and court accessibility – ie the institutionalisation of alternative dispute resolution mechanisms and the expansion of online dispute resolution within public courts
Whilst both movements appear to be driven by similar theoretical forces, the practical adoption of fully online judicial proceedings constitutes a step towards a different direction, opening up new opportunities for attenuating the apparently intrinsic efficiency-fairness trade-off
Summary
The lack of access to justice is currently one of the most urgent justice issues globally. While the introduction of technology might seem like a refinement of existing judicial operations, the adoption of fully integrated ODR systems in courts could be transforming the nature of processes as we know them,[7] having the potential to mitigate the apparently intrinsic efficiency-fairness trade-off.[8] The recent emergence of state-provided online courts and tribunals for the resolution of minor civil claims in England and Wales (England) and British Columbia, Canada, is a strong illustration of this transformation.[9] The analysis of this new phenomenon can take many forms.
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