Dangers of Digitizing Due Process

Amy SCHMITZ, « Dangers of Digitizing Due Process », Laboratoire de Cyberjustice et Chaire Lexum, 27 mars 2019. 

En anglais seulement. 

Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States (U.S.) and abroad, e-courts and public ODR pilots are developing throughout the world in particular contexts such as small claims and property tax disputes, and are demonstrating how technology can be used to further efficiency and open virtual doors to the courts.   Nonetheless, there is danger that the rush to digitization will ignore due process and transparency in its march toward 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.

Ce contenu a été mis à jour le 1 septembre 2020 à 14 h 39 min.