Online Dispute Resolution for Small Civil Claims in Victoria: A New Paradigm in Civil Justice

39 Pages Posted: 21 Sep 2019 Last revised: 12 Nov 2019

See all articles by Vivi Tan

Vivi Tan

University of Melbourne Law School

Date Written: August 30, 2019

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.

Suggested Citation

Tan, Vivi, Online Dispute Resolution for Small Civil Claims in Victoria: A New Paradigm in Civil Justice (August 30, 2019). Deakin Law Review, Vol. 24, No. 1, 2019, U of Melbourne Legal Studies Research Paper No. 853, Available at SSRN: https://ssrn.com/abstract=3452952

Vivi Tan (Contact Author)

University of Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria
Australia

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
132
Abstract Views
639
rank
239,210
PlumX Metrics