Online Courts: Bridging the Gap Between Access and Justice

This article analyses the introduction of online court proceedings through the prism of access to justice. It distinguishes between the two major recent developments in terms of justice and court accessibility – ie the institutionalisation of alternative dispute resolution mechanisms and the expansion of online dispute resolution within public courts. Whilst both movements appear to be driven by similar theoretical forces, the practical adoption of fully online judicial proceedings constitutes a step towards a different direction, opening up new opportunities for attenuating the apparently intrinsic efficiency-fairness trade-off. Due to the unique features of digital technology, the emergence of state-provided online courts and tribunals for the resolution of minor civil disputes could significantly improve the efficiency of formal adversarial litigation processes, without the risk of sacrificing proper procedural protections. Overall, this article advocates that the balanced combination offered by online court systems, albeit not a panacea, may be translated into a potential enhancement of both ‘access’ and ‘justice’.