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Digital Justice (Rabinovich-Einy et al.)

Digital Justice Reshaping Boundaries in an Online Dispute Resolution Environment by Orna Rabinovich-Einy & Ethan Katsh published by International Journal of Online Dispute Resolution (2014).

Digital technology is transforming the landscape of dispute resolution: it is generating an ever growing number of disputes and at the same time is challenging the effectiveness and reach of traditional dispute resolution avenues. While technology has been a disruptive force in the field, it also holds a promise for an improved dispute resolution landscape, one that is based on fewer physical, conceptual, psychological and professional boundaries, while enjoying a higher degree of transparency, participation and change. This promise remains to be realized as the underlying assumptions and logic of the field of dispute resolution have remained as they were since the last quarter of the 20th century, failing to reflect the future direction dispute resolution mechanisms can be expected to follow, as can be learned from the growth of online dispute resolution. This article explores the logic of boundaries that has shaped the traditional dispute resolution landscape, as well as the challenges such logic is facing with the spread of online dispute resolution.

How Legal Technology Will Change the Business of Law by Christian Veith, Michael Bandlow, Michael Harnisch, Hariolf Wenzler, Markus Hartung, and Dirk Hartung published by e Boston Consulting Group (BCG) and Bucerius Law School (1/2016).

“In recent years, powerful forces have reshaped the market for legal advice delivered to corporations. The “new normal” is characterized by higher price pressure (clients demanding more for less), the deconstruction of formerly homogeneous legal services into different activities, and the rise of legal-process outsourcing. On the client side, legal departments have grown bigger (evidence of increased insourcing), and general counsels are accompanied by professional procurement specialists during pitches. The presence of such specialists has led to intense negotiations over fees and clear clauses stipulating components of work that clients can no longer be billed for (such as first-year associates’ time)…”

International Journal of Online Dispute Resolution (2014).

“The publication of this first volume of the International Journal of Online Dispute Resolution (‘IJODR’) marks a critical milestone in the evolution of ODR. ODR, as a parallel universe blending information technology and dispute resolution schemes and applications, has grown exponentially since the late 1990s and the advent of the ‘fourth party’…”

Leveraging technology to deliver legal services by Chris Johnson published by Harvard Journal of Law & Technology (2009).

“Online technologies offer innovative ways to deliver legal services. By automating tasks traditionally performed by attorneys and by making legal products available on the Internet, these technologies make legal services more affordable and accessible.1 For example, many vendors now offer downloadable bill-of-sale documents.2 For reasons that will be discussed below, legal service technologies are likely to evolve into fully integrated, multi-sided platforms that automate simple tasks and interface with attorneys for more complex ones. Although these technologies threaten to disrupt traditional models for delivering legal services,3 they should be embraced by consumers and legal professionals alike…”

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