The Past, Present, and Future of Online Dispute Resolution

Rabinovich‐Einy, Orna

doi:10.1093/clp/cuab004

Cited by 5 publications

(3 citation statements)

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“…While traffic cases are not representative of all legal disputes, they are attractive for this research for several reasons. First, traffic cases constitute the large majority of online proceedings today, and online traffic cases typically use what appears to be the preferred format of written, asynchronous communication (as opposed to real‐time video interaction; see Mentovich, Prescott, & Rabinovich‐Einy, 2020; Rabinovich‐Einy, 2021; Sela, 2021). Second, traffic cases make up a majority of all legal cases in the United States, and they are the archetypal scenario in which individuals resolve a legal dispute in court (Johnson, 2004).…”

Section: Introductionmentioning

confidence: 99%

Legitimacy and online proceedings: Procedural justice, access to justice, and the role of income

2023

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Courts have long struggled to bridge the access‐to‐justice gap associated with in‐person hearings, which makes the recent adoption of online legal proceedings potentially beneficial. Online proceedings hold promise for better access: they occur remotely, can proceed asynchronously, and often rely solely on written communication. Yet these very qualities may also undermine some of the well‐established elements of procedural‐justice perceptions, a primary predictor of how people view the legal system's legitimacy. This paper examines the implications of shifting legal proceedings online for both procedural‐justice and access‐to‐justice perceptions. It also investigates the relationship of both types of perceptions with system legitimacy, as well as the relative weight these predictors carry across litigant income levels. Drawing on online traffic court cases, we find that perceptions of procedural justice and access to justice are each separately associated with a litigant's appraisal of system legitimacy, but among lower‐income parties, access to justice is a stronger predictor, while procedural justice dominates among higher‐income parties. These findings highlight the need to incorporate access‐to‐justice perceptions into existing models of legal legitimacy.

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Section: Introductionmentioning

confidence: 99%

Legitimacy and online proceedings: Procedural justice, access to justice, and the role of income

2023

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“…Концепция онлайн-суда состояла в том, чтобы создать удобную онлайн-систему для обработки простых денежных исков с ценой, не превышающей 25 000 фунтов стерлингов. «Программа реформ HMCTS» и различные этапы онлайн-суда тестировались в серии пилотных проектов [6].…”

Section: Introductionunclassified

Online Dispute Resolution Pilots in England and the Judicial Review and Courts Act 2022

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2023

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The current task of the Russian legislature in developing new procedures for dispute resolution using modern technologies is to apply the latest experience of advanced foreign countries in this sphere. The UK is undoubtedly one of these countries. The UK’s experience in digitizing its own justice system and establishing an online court is the focus of this article. It analyzes the concept of online courts in the UK, various pilots in this field, as well as the Judicial Review and Courts Act 2022, which enshrined a number of provisions regarding online procedures; it identifies some shortcomings of the concept of online procedure and pilot projects. Purpose: based on the analysis of pilot projects reports, regulations and scientific sources to form an idea of the formation and development of online dispute resolution (ODR) procedure in courts and tribunals of Great Britain. Methods: theoretical methods of formal and dialectical logic; empirical methods of comparison, description, interpretation. Such specific scientific methods as legal-dogmatic and interpretation of legal norms are used. The study reveals that, against the background of austerity, justice in England and Wales is changing significantly through the use of technologies, which begs the question: are the fundamental principles of due process being lost in the pursuit of modernization and efficiency? The attempt to digitize the UK’s justice system involves the creation of an online court, the feature of which is mediation built into the procedure as part of dispute resolution. It is expected that the online court will become a mandatory forum for resolving cases within its jurisdiction and will initially deal with money disputes of up to £25,000. However, the issues of access to justice for all categories of citizens and the openness and transparency of justice have not yet been resolved.

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“…That is, patients don’t have the luxury to learn from other customers’ feedback on service quality, satisfaction, and criticism. The patient – healthcare provider relationship is also shaped by the mode of communication the healthcare professional adopts whereby it is characterized most of the times as defensive, hierarchal, closed, and confrontational as referenced by Rabinovich-Einy (2011) [9] .…”

Section: Introductionmentioning

confidence: 99%