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Issues to be resolved

Judges take the liberty to apply the old procedures in more modern ways. Within the framework of rules, some change is possible, such as the shift to settlement during court hearings. Rules can be reinterpreted by judges to get rid of some complications. There may be an amendment of the rules of procedure suggested by a member of parliament with a legal background. But this a slow process. Legal innovation by means of committees, case law and supreme court decisions may take decades to settle down, whereas users of IT are accustomed to weekly updates. Major change in civil or criminal procedure is a rare occurrence. No court system has been able to radically simplify procedures or to implement a specialisation program, although countless reformers of procedures, Worldbank/IMF experts and committees have come to the conclusion

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that this is the way forward. Hearings may now partly be focused on settlements, but the preceding phase of exchanging views in writing is still set up as a battle between positions. Judgments are still meant to be final, whereas implementation of court orders is a huge problem and years of appeals may follow. Redesigning court procedures from a user-perspective is thus next to impossible under the current regulatory regime for courts. If these procedures are really unfit for purpose of resolving disputes effectively, there may even be a challenge of them under human rights law. Are these procedures really delivering citizens due process or the right to fair trial under Article 6 European Convention on Human Rights?

HiiL Trend Report IV ODR and the Courts: The Promise of 100% Access to Justice?  

As innovators within the ODR world, through our Rechtwijzer platform, we were delighted to host this years annual Online Dispute Resolution...

HiiL Trend Report IV ODR and the Courts: The Promise of 100% Access to Justice?  

As innovators within the ODR world, through our Rechtwijzer platform, we were delighted to host this years annual Online Dispute Resolution...

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