Chapter

Access to Digital Justice

Ethan Katsh and Orna Rabinovich-Einy

in Digital Justice

Published in print May 2017 | ISBN: 9780190464585
Published online April 2017 | e-ISBN: 9780190464615 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780190464585.003.0003
Access to Digital Justice

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Chapter 2 offers a conceptual framework of access to digital justice through which the case studies in later chapters are analyzed. It opens with an overview of the origins of access to justice, the various barriers to justice, and the different approaches for addressing such barriers. The introduction of digital technology is impacting access to justice in multiple, sometimes contradictory, ways. On the one hand, it is creating many new disputes for which traditional dispute resolution mechanisms are often ineffective. On the other hand, it is facilitating the development of novel, accessible, and flexible online dispute resolution (ODR) and prevention (ODP) avenues. The chapter analyzes the conditions under which such novel processes can enhance access to justice and overcome the efficiency-fairness trade-off, a long-time characteristic of the traditional dispute resolution field.

Keywords: access to justice; algorithms; confidentiality; fairness; efficiency; courts; technology; ODR; online dispute resolution; ODP; online dispute prevention

Chapter.  7349 words. 

Subjects: Company and Commercial Law

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