Dangers of Digitizing Due Process
Draft to be Edited and Included in Published Proceedings with Cyberjustice Laboratory
27 Pages Posted: 27 Jan 2020
Date Written: January 26, 2020
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
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