Publication Type

Journal Article

Version

acceptedVersion

Publication Date

1-2019

Abstract

The complexion of justicewithin many judiciaries has changed dramatically through the influence of twoglobal movements – the modern alternative dispute resolution (ADR) movement andthe more recent development of online dispute resolution (ODR). The former waveled to the creation of multi-door courthouses, court-annexed mediationprogrammes and innovations such as judicial settlement conferences. In the last decade, the rapid growth of ODRhas precipitated more changes in the administration of justice. Online courts have been designed in Englandand Wales (the Online Solutions Court suggested by Lord Briggs) and BritishColumbia (the Civil Resolution Tribunal). This paper discusses theimpact of the ADR and ODR waves on access to justice within the courts. Itexamines how substantive justice, procedural justice and accessibility to thejudiciary have undergone transformation as the courts have incorporated these twowaves into the justice system. The paper also considers the implications of theincreasing convergence of both waves within the justice system. It argues thatgreater clarity is needed concerning the changes to access to justice amidstthe courts’ embracing of innovation.

Keywords

online dispute resolution, alternative dispute resolution, access to justice, civil resolution tribunal, online court, online solutions court

Discipline

Civil Procedure

Research Areas

Dispute Resolution

Publication

Civil Justice Quarterly

Volume

38

Issue

1

First Page

126

Last Page

143

ISSN

0261-9261

Publisher

Sweet and Maxwell

Copyright Owner and License

Sweet & Maxwell

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