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67 Buff. L. Rev. 89 (2019)
Expanding Access to Remedies through E-Court Initiatives

handle is hein.journals/buflr67 and id is 97 raw text is: 











   Buffalo Law Review

   VOLUME 67            JANUARY 2019              NUMBER 1

   Expanding Access to Remedies through
                   E-Court Initiatives

                       AMY J. SCHMITZj-

                           ABSTRACT

  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 and abroad, however, ODR has mainly thrived within e-
  commerce companies like eBay and Alibaba, while most public
  courts have continued   to insist on  traditional face-to-face
  procedures. Nonetheless, 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 expand access to
  the courts. Accordingly, this Article explores these e-court
  initiatives with a critical eye for ensuring fairness, due process, and
  transparency, as well as efficiency, in public dispute resolution.





t Elwood L. Thomas Missouri Endowed Professor of Law, University of Missouri
School of Law. I thank Catherine Picht and Andrew Johnson for their research
assistance. I also thank Pamela Foohey, Christopher Bradley, Matthew
Bruckner, and Christopher Odinet for their comments as fellow panelists at the
Southeastern Association of Law Schools annual meeting.