Expanding Access to Remedies Through E-Court Initiatives

76 Pages Posted: 18 Apr 2019

See all articles by Amy J. Schmitz

Amy J. Schmitz

Ohio State University (OSU) - Michael E. Moritz College of Law; Cyberjustice Lab

Date Written: April 18, 2019

Abstract

Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public courts have continued to insist on traditional face-to-face procedures. Nonetheless, e-courts and public ODR pilots are developing throughout the world in particular contexts such as small claims and property tax disputes, and are demonstrating how technology can be used to further efficiency and expand access to the courts. Accordingly, this Article explores these e-court initiatives with a critical eye for ensuring fairness, due process, and transparency, as well as efficiency, in public dispute resolution.

Keywords: ODR, Consumers, AI, artificial intelligence, public dispute, Online Dispute Resolution, Dispute Resolution, Merchant, eCommerce, Payments, Systems, Design, Arbitration online, arbitration, dispute, business-to-consumer, B2C, F2F, face-to-face, OArb, access, justice, consumers, ODR, merchant, global

Suggested Citation

Schmitz, Amy J., Expanding Access to Remedies Through E-Court Initiatives (April 18, 2019). 67 Buffalo Law Review 89 (2019), University of Missouri School of Law Legal Studies Research Paper No. 2019-07, Available at SSRN: https://ssrn.com/abstract=3374465

Amy J. Schmitz (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Cyberjustice Lab ( email )

Montreal
Canada

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