2017Leicester Research Archive (University of Leicester)Open access

The Online Court: Filling the Gaps of the Civil Justice System?

Pablo Cortés

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Abstract

In his Civil Courts Structure Review Lord Justice Briggs argues that a user-friendly online\ncourt will be the best strategy to increase access to justice in England and Wales. The\nforthcoming online court will incorporate alternative dispute resolution (ADR) techniques to\nresolve small and medium value disputes. This article evaluates the EU regulatory initiatives\nto promote consumer ADR schemes and its implementation in the UK. It also examines the\nonline court and it considers whether it could operate as a residual dispute resolution forum\nfor those consumers who cannot benefit from ADR because of the traders’ refusal to\nparticipate. This article highlights the problems with the existing piecemeal approach to\nconsumer redress and proposes pathways between the two different dispute resolution\noptions to fill the gaps in the Civil Justice System.

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In his Civil Courts Structure Review Lord Justice Briggs argues that a user-friendly online\ncourt will be the best strategy to increase access to justice in England and Wales. The\nforthcoming online court will incorporate alternative dispute resolution (ADR) techniques to\nresolve small and medium value disputes. This article evaluates the EU regulatory initiatives\nto promote consumer ADR schemes and its implementation in the UK. It also examines the\nonline court and it considers whether it could operate as a residual dispute resolution forum\nfor those consumers who cannot benefit from ADR because of the traders’ refusal to\nparticipate. This article highlights the problems with the existing piecemeal approach to\nconsumer redress and proposes pathways between the two different dispute resolution\noptions to fill the gaps in the Civil Justice System.

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Available abstract

In his Civil Courts Structure Review Lord Justice Briggs argues that a user-friendly online\ncourt will be the best strategy to increase access to justice in England and Wales. The\nforthcoming online court will incorporate alternative dispute resolution (ADR) techniques to\nresolve small and medium value disputes. This article evaluates the EU regulatory initiatives\nto promote consumer ADR schemes and its implementation in the UK. It also examines the\nonline court and it considers whether it could operate as a residual dispute resolution forum\nfor those consumers who cannot benefit from ADR because of the traders’ refusal to\nparticipate. This article highlights the problems with the existing piecemeal approach to\nconsumer redress and proposes pathways between the two different dispute resolution\noptions to fill the gaps in the Civil Justice System.

Key concepts: Online dispute resolution, Redress, Alternative dispute resolution, Economic Justice, Dispute resolution, Political science, Dispute mechanism, Law

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