Digital Justice

Abstract

Digital technology is transforming the landscape of dispute resolution: it is generating an ever growing number of disputes and at the same time is challenging the effectiveness and reach of traditional dispute resolution avenues. While technology has been a disruptive force in the field, it also holds a promise for an improved dispute resolution landscape, one that is based on fewer physical, conceptual, psychological and professional boundaries, while enjoying a higher degree of transparency, participation and change. This promise remains to be realized as the underlying assumptions and logic of the field of dispute resolution have remained as they were since the last quarter of the 20th century, failing to reflect the future direction dispute resolution mechanisms can be expected to follow, as can be learned from the growth of online dispute resolution. This article explores the logic of boundaries that has shaped the traditional dispute resolution landscape, as well as the challenges such logic is facing with the spread of online dispute resolution.

The use of technology in dispute resolution; A framework for the study of ODR

“…3 This became known as the "experimental phase", with the NCAIR conference being commonly regarded as the beginning of the ODR movement. As early ODR initiatives largely replicated ADR processes, ODR began its existence as an online equivalent of the most prominent offline dispute resolution processes, such as negotiation, mediation, and arbitration (Rabinovich-Einy, Katsh, 2014).…”

“…Recent advances in technology, and especially the use of AI-based algorithms and machine learning, provided the necessary data-based infrastructure for suggesting tailor-made solutions to the parties and identifying recurring patterns and systemic contributors to conflict (Katsh, Rabinovich-Einy, 2017). These applications of technology have expanded the potential for conflict management and dispute prevention functions of ODR systems, thus blurring the distinction between dispute resolution and dispute prevention goals typical of the offline world (Rabinovich-Einy, Katsh, 2014).…”

Everything You Always Wanted to Know About Law (But Were Afraid to Ask

“…3 This became known as the "experimental phase", with the NCAIR conference being commonly regarded as the beginning of the ODR movement. As early ODR initiatives largely replicated ADR processes, ODR began its existence as an online equivalent of the most prominent offline dispute resolution processes, such as negotiation, mediation, and arbitration (Rabinovich-Einy, Katsh, 2014).…”

“…Recent advances in technology, and especially the use of AI-based algorithms and machine learning, provided the necessary data-based infrastructure for suggesting tailor-made solutions to the parties and identifying recurring patterns and systemic contributors to conflict (Katsh, Rabinovich-Einy, 2017). These applications of technology have expanded the potential for conflict management and dispute prevention functions of ODR systems, thus blurring the distinction between dispute resolution and dispute prevention goals typical of the offline world (Rabinovich-Einy, Katsh, 2014).…”