Abstract
This article seeks to explore some of the implications of integrating information and communications technology into judicial processes to resolve small civil claims. It argues that, as ODR moves from individual private-sector initiatives to widespread public sector institutionalisation, governance and value questions will need to be seriously considered. This is because questions regarding the appropriateness of the use of certain ODR systems in the resolution of small claims and consumer disputes persist, especially in relation to the use of systems which are fully autonomous. For example, how are fundamental due process requirements to be balanced against the economic constraints of resolving low value disputes? What are the limits to the evolution of civil justice to make it more accessible? It is argued that, while ODR holds vast potential for increasing access to justice, attention needs to be given to the dispute system design to ensure that it achieves that goal and does not result in the erosion of fundamental values of civil justice, including accessibility, transparency, legal validity and accountability.
Highlights
In September 2018, as part of a new digital strategy to enhance online services and improve efficiency, the Victorian Civil and Administrative Tribunal (‘VCAT’) implemented an online dispute resolution (‘ODR’) pilot.[1]
How are fundamental due process requirements to be balanced against the economic constraints of resolving low value disputes? What are the limits to the evolution of civil justice to make it more accessible? It is argued that, while ODR holds vast potential for increasing access to justice, attention needs to be given to the dispute system design to ensure that it achieves that goal and does not result in the erosion of fundamental values of civil justice, including accessibility, transparency, legal validity and accountability
ONLINE DISPUTE RESOLUTION 103 example, how are fundamental due process requirements to be balanced against the economic constraints of resolving low value disputes? What are the limits to the evolving accessibility of civil justice? And how will an ODR system impact the existing alternative dispute resolution (‘ADR’) processes in tribunals such as VCAT?
Summary
In September 2018, as part of a new digital strategy to enhance online services and improve efficiency, the Victorian Civil and Administrative Tribunal (‘VCAT’) implemented an online dispute resolution (‘ODR’) pilot.[1]. To what extent should technology be relied upon to provide dispute resolution services for consumers, considering the risk of sacrificing certain values — accessibility, legal validity, transparency and accountability — that are vital to the due administration of civil justice. This article will both inform and contribute to the debate on these questions and on the implications for consumer dispute regulation and practice. It is submitted that a discourse on ODR must necessarily include an integrated assessment of efficiency-oriented factors as well as of the fundamental values of civil justice
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