Abstract

This chapter explores how even before the pandemic, online dispute resolution and online courts were features of many legal systems. It looks at how the forced closure of many courts during lockdown has accelerated the trend towards online justice. It considers whether one of the legacies of the pandemic may be an acceptance of the end of court-based hearings for the resolution of many legal disputes. The chapter goes on to consider whether the move to online courts and the expansion of online dispute resolution has the potential to radically change the way in which disputes are resolved. Many people cannot afford to pay for lawyers, and so online justice may offer a way of ensuring that citizens are able to understand and enforce their legal rights improving access to justice. The chapter examines the ethical issues that need to be resolved with the expansion and development of online courts and the principles of accessibility, accountability, due process and fairness that need to underpin any new forms of dispute resolution. The chapter concludes with a consideration of how we ensure that no one is disadvantaged or excluded from the justice system because of the lack of access and ability to use technology. There are challenges to the development of online justice, but there is also great potential to achieve access to justice for all.

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