Dr. Pablo Cortes

Abstract:

This paper explores how disputes are being channelled, gradually with the support of technology, to a menu of dispute resolution options, which for civil cases often favour non-binding processes that enable an amicable settlement prior to exploring a more costly, confrontational, and formal adjudicative process. Accordingly, this paper first examines how Dispute System Design seeks to identify the most suitable dispute resolution option, contributing to a greater variety of process pluralism and improving dispute prevention to avoid unnecessary escalation. Secondly, it examines how (English) courts and Alternative Dispute Resolution (ADR) processes steer disputants towards informal settlement options. Thirdly, the paper discusses how dispute resolution providers are leveraging data and technology to increase access and provide greater efficiency in the dispute resolution process. Lastly, the paper argues that as the number of litigants in person increases, there is a growing risk of alienating those who need the most protection from the civil justice system, thus adequate safeguards ought to be incorporated to prevent weaker parties from receiving second-class justice.