Dangers of Digitizing Due Process

Draft to be Edited and Included in Published Proceedings with Cyberjustice Laboratory

University of Missouri School of Law Legal Studies Research Paper No. 2020-01

27 Pages Posted: 27 Jan 2020

See all articles by Amy J. Schmitz

Amy J. Schmitz

University of Missouri School of Law

Date Written: January 26, 2020

Abstract

Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes use of technology and computer-mediated-communication (CMC) in negotiation, mediation, arbitration and other dispute resolution processes. At the same time, courts are now moving processes online and using technologies such as predictive analytics and artificial intelligence (AI) for setting bail and other judicial tasks. Furthermore, such e-court and other judicial uses of technology are flourishing due to their proclivity for furthering austerity goals while expanding access to remedies. Nonetheless, there is danger that the rush to digitization will ignore due process and transparency in the name of efficiency. Accordingly, this paper will provide brief background on the growth of e-courts and raise concerns for policymakers to consider for the preservation of fairness in public dispute resolution.

Keywords: ADR, Technology, ODR, Online Dispute Resolution, Access to Justice, A2J, eCourts, Law & Technology, Dispute Resolution, Due Process, AI, Artificial Intelligence, Digitization

Suggested Citation

Schmitz, Amy J., Dangers of Digitizing Due Process (January 26, 2020). Draft to be Edited and Included in Published Proceedings with Cyberjustice Laboratory; University of Missouri School of Law Legal Studies Research Paper No. 2020-01. Available at SSRN: https://ssrn.com/abstract=3525757

Amy J. Schmitz (Contact Author)

University of Missouri School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO MO 65211
United States
573-882-5969 (Phone)

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