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E-Nudging Justice: The Role of Digital Choice Architecture in Online Courts

Sela, Ayelet, E-Nudging Justice: The Role of Digital Choice Architecture in Online Courts (March 18, 2019). 2019 Journal of Dispute Resolution 127 ( 2019). Available at SSRN: https://ssrn.com/abstract=3414176

“Justice systems around the world are launching online courts and tribunals in order to improve access to justice, especially for self-represented litigants (SRLs). Online courts are designed to handhold SRLs throughout the process and empower them to make procedural and substantive decisions. To that end, they present SRLs with streamlined and simplified procedures and employ a host of user interface design and user experience strategies (UI/UX). Focusing on these features, the article analyzes online courts as digital choice environments that shape SRLs’ decisions, inputs and actions, and considers their implications on access to justice, due process and the impartiality of courts. Accordingly, the article begins to close the knowledge gap regarding choice architecture in online legal proceedings….”

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