Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, and Efficiency

Michigan Journal of Race & Law, Vol. 21:205, 2016

U of Michigan Law & Econ Research Paper No. 16-013

45 Pages Posted: 9 May 2016 Last revised: 22 Jun 2016

See all articles by Maximilian Bulinski

Maximilian Bulinski

University of Michigan Law School

J.J. Prescott

University of Michigan Law School

Date Written: Spring 2016

Abstract

Online case resolution (OCR) systems have the potential to dramatically increase access to our justice system. Part I introduces the concept of an OCR system, how it might work in practice, and its likely impact on courts and citizens. Part II argues that OCR systems can lower many of the barriers to going to court by reducing the need for face-to-face resolution of disputes; cutting the amount of time needed for hearings; mitigating litigant confusion and fear; allowing asynchronous scheduling that can accommodate work and child-care schedules; and offering a more reliable and easier-to-use means for litigants to voice their views. These advantages should especially benefit those of lower socioeconomic status, who often suffer disproportionately under the status quo. Part III contends that OCR systems need not compromise a judge's or a prosecutor's decision-making process but can actually enhance both. OCR systems can provide more, better, and easier-to-use information, and by removing a litigant’s appearance (race, gender, weight, etc.) from a judge’s consideration, can render outcomes less subject to implicit biases.

Keywords: resolution, technology, access to justice, courts, platform

Suggested Citation

Bulinski, Maximilian and Prescott, J.J., Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, and Efficiency (Spring 2016). Michigan Journal of Race & Law, Vol. 21:205, 2016; U of Michigan Law & Econ Research Paper No. 16-013. Available at SSRN: https://ssrn.com/abstract=2777059

Maximilian Bulinski

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

J.J. Prescott (Contact Author)

University of Michigan Law School ( email )

3170 South Hall
701 S. State St.
Ann Arbor, MI 48109
United States
734-763-2326 (Phone)

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