The Dilemma of Private Justice Systems: Big Data Sources, the Cloud and Predictive Analytics

44 Pages Posted: 22 Jul 2014 Last revised: 25 Oct 2014

See all articles by Anjanette Raymond

Anjanette Raymond

Indiana University - Kelley School of Business - Department of Business Law; Queen Mary University of London, School of Law; Indiana University Maurer School of Law

Date Written: July 21, 2014

Abstract

In the age of big data, demanding customer expectations, and increasingly limited access to justice for small claims arising from online sales, business organizations are moving to enhanced online customer complaint platforms and insisting upon increased online justice resolution systems. At the same time, online businesses, even websites you fail to think of as a business, are moving from traditional analytics that provide a snapshot of the past, to solutions that provide an accurate picture of the present and a prediction of future trends. For many, predictive analytics is the wave of the future.

In many ways, the use of predictive analytics is a wonderful occurrence, as our packages will arrive in a more timely manner, our advertising will be more personal and our online and physical lives will be tailored, monitored and adjusted to our interests, life styles and immediate needs without so much as a hiccup. However, what will happen when the current push for private online dispute resolution systems meets the current big data gathering of a private market? Will the private online dispute resolution providers use the information gathered for good, or as a means to quickly resolve disputes without notice of the law, personal rights and/or ethical outcomes? Worse yet, what will happen when the private market of online dispute resolution faces the demands of a business environment that would prefer analytic outcomes to be skewed to favor the business? Bear in mind, these issues do not arise in a prediction, these private online dispute resolution mechanisms already exist and are growing in support and use on a daily basis.

This paper will explore the emerging issue that occurs when private online dispute resolution providers are allowed, without transparency, oversight, or regulation, to create a justice system that knows a lot of personal information about you but is required to follow no legal standard or regulation to resolve your dispute with a merchant.

Suggested Citation

Raymond, Anjanette, The Dilemma of Private Justice Systems: Big Data Sources, the Cloud and Predictive Analytics (July 21, 2014). Northwestern Journal of International Law & Business, Forthcoming; Kelley School of Business Research Paper No. 2014-22. Available at SSRN: https://ssrn.com/abstract=2469291

Anjanette Raymond (Contact Author)

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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