Ayelet Sela, a long time ODR pioneer (and now Professor at Bar Ilan University Faculty of Law) has published a great article entitled “Streamlining Justice: How Online Courts Can Resolve the Challenges of Pro Se Litigation” in the Cornell Journal of Law and Public Policy, Vol. 26, No. 2, 2016. This piece is an excellent distillation of the value ODR can bring to court and justice-sector resolution systems. Check it out here.
“The tide of pro se litigation in the American justice system imposes significant constraints on self-represented litigants’ (SRLs) access to justice and courts’ ability to administer justice. Mitigating the challenges requires a systemic institutional and procedural reform. Advancing this approach, the Article proposes that online courts would alleviate many of the challenges associated with pro se litigation, and puts this proposition to an empirical test. To that end, the Article analyzes the challenges experienced by SRLs and courts and models the procedural and technological properties that would promote SRLs’ “day in court” as well as courts’ provision of fair and efficient access to justice. Based on the analysis and on a review of successful implementations of judicial online dispute resolution (JODR) systems, the Article proposes a detailed policy design framework for a JODR system for pro se litigation. Finally, the Article reports and discusses the results of an experiment evaluating the effect of the proposed framework on SRLs’ procedural justice experiences.”