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

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.

Da Resolução Alternativa De Conflitos À Solução De Disputas Online: Caminhos Para O Futuro Da Administração Pública

“…Por outro lado, referem-se ao uso da tecnologia de comunicação online no processo de resolução, mesmo que a disputa em si tenha uma origem off-line 27 . Tan acrescenta que um verdadeiro sistema de ODR deve ser definido como aquele que permite que as partes resolvam suas disputas do começo ao fim em um fórum online 28 .…”

Alternative dispute resolution and access to justice in Australia

“…The VCAT, following recommendations from the Access to Justice Review (Victoria Government, 2016), explored the use of digital technology to improve access to justice. Online dispute resolution (ODR) was piloted in the 2018/19 financial year for disputes involving small businesses (VCAT, 2019, p. 16; Tan, 2019, pp. 122–127), with a similar pilot undertaken by the NSW Civil and Administrative Tribunal (NCAT) in 2014 (Tan, 2019, pp.…”

Key Factors Influencing Adoption of Online Dispute Resolution in Banking Sector: An Empirical Analysis

“…ODR has contributed to improving access to justice in the online realm, offering faster and more costeffective conflict resolution compared to traditional litigation and alternative dispute resolution methods (Tan, 2019). The banking sector can particularly benefit from the use of information technology in Online dispute resolution systems, especially for parties located across different geographical regions.…”