Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has written “Dangers of Digitizing Due Process,” University of Missouri School of Law Legal Studies Research Paper No. 2020-01 (Draft to be Edited and Included in Published Proceedings with Cyberjustice Laboratory). In her research article, Professor Schmitz examines potential concerns related to the increasing role of technology in the dispute resolution process.
Here is the abstract:
Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes use of technology and computer-mediated-communication (CMC) in negotiation, mediation, arbitration and other dispute resolution processes. At the same time, courts are now moving processes online and using technologies such as predictive analytics and artificial intelligence (AI) for setting bail and other judicial tasks. Furthermore, such e-court and other judicial uses of technology are flourishing due to their proclivity for furthering austerity goals while expanding access to remedies. Nonetheless, there is danger that the rush to digitization will ignore due process and transparency in the name of 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.