Just, Quick and Cheap? Civil Dispute Resolution and Technology

Macquarie Law Journal, 2019

23 Pages Posted: 11 Oct 2019

See all articles by Tania Sourdin

Tania Sourdin

University of Newcastle (Australia) - Newcastle Law School

Bin Li

University of Newcastle (Australia) - Newcastle Law School

Tony Burke

affiliation not provided to SSRN

Date Written: August 5, 2019

Abstract

Danish philosopher Soren Kierkegaard wrote ‘Life can only be understood backwards; but it must be lived forwards’. The pace of life of the mid-19th century when this was written and the (comparatively) modest rate of technological change possibly allowed for a more considered reflection of past events towards moving ahead. However, the increasing rate of technological change over the past two decades and the predicted pace of technological change into the future have established ‘disruption’ as a catchword. The pace of justice reform is (generally) faster, the price is (often) less expensive, and society seeks unhindered access to justice — on a cheap and quick basis.In the context of the legal landscape, this article begins by examining three levels of technological change that have impacted and will continue to impact on the operation of the civil justice system within a framework of objectives relating to expense, speed and justice. The authors argue that there appears to be a general consensus that the ‘quick and cheap’ resolution of civil disputes will be supported through technological developments, although whether this will meet objectives in respect of ‘just’ results and processes remains uncertain. The authors then explore the meaning of ‘justice’ and how technological innovation can bring advantages and pose challenges in terms of access to justice. This article also addresses concerns about technological change in the context of civil dispute resolution, focusing on the relationship between disruptive technologies and ‘just’ resolution. The readiness of the community for technological innovation is explored from the perspectives of the tech-savvy client, to the top tier firm utilising the latest artificial intelligent machinery, through to the courts striving towards satisfying ‘overriding objectives’ in terms of a ‘Just, Quick and Cheap’ civil justice system.

Keywords: Civil Dispute Resolution, Technology

JEL Classification: K39

Suggested Citation

Sourdin, Tania and Li, Bin and Burke, Tony, Just, Quick and Cheap? Civil Dispute Resolution and Technology (August 5, 2019). Macquarie Law Journal, 2019, Available at SSRN: https://ssrn.com/abstract=3462344

Tania Sourdin (Contact Author)

University of Newcastle (Australia) - Newcastle Law School ( email )

1 University Drive
Callaghan, 2308
Australia

Bin Li

University of Newcastle (Australia) - Newcastle Law School ( email )

409 Hunter Street
Newcastle, New South Wales 2305
Australia
+61 2 4921 7899 (Phone)

HOME PAGE: http://https://www.newcastle.edu.au/profile/bin-li

Tony Burke

affiliation not provided to SSRN

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
141
Abstract Views
510
rank
244,252
PlumX Metrics