Encouragement of mediation in England and Wales has been futile

Is there now a role for online dispute resolution in settling low-value claims

Bibliographic Data

ID12889492
AuthorsSue Prince (University of Exeter, corresponding author)
Year2020
Volume16
Issue2
Pages181-196
Publication date2020-06-01
Open AccessYes
TypeARTICLE
VenueInternational Journal of Law in Context (JOURNAL)
Journal identifiersISSN: 1744-5523 • E-ISSN: 1744-5531
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s1744552320000130
OpenAlexW3032954792
LanguageEN
Citations received1
References cited10

In England and Wales, the judiciary, Her Majesty's Courts and Tribunal Services (HMCTS) and the Ministry of Justice (MoJ) have embarked on an ambitious reform whose aims are to radically transform and restructure court services and introduce digital justice for the overall purpose of improving access to justice in relation to the resolution of disputes. The reality in the courts of England and Wales is that the current reform means automation of processes. Digital transformation offers a real chance to improve access to justice particularly for low-value claims where a simplified process is more proportionate to the value of the dispute. This paper argues therefore that, for everyday low-value civil disputes, alternative dispute resolution (ADR) processes should be at the core of any design. In addition, fashioning new means to deliver access to justice should not just be about increasing government efficiency, but also about using technology to design and create innovative, new, agile and ‘user-centric’ pathways

Alternative dispute resolution · Conciliation · Dispute mechanism · Dispute resolution · Economic Justice · Law and economics · Mediation · Online dispute resolution · Political science · Restructuring · Sociology · Value (mathematics · Computer Science · Dispute Resolution and Class Actions · Law · Law in Society and Culture · Legal Education and Practice Innovations · Public Administration

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