ICODR Podcast 33: Lissa Gerking of Leibniz University Hannover on Tradeoffs between Efficiency and Quality in ODR

In this episode of the ICODR podcast, Ian speaks with Lissa Gerking of the Federal Bar Association in Brussels, and Chair in Civil Law, German, European and International Civil Procedure at the Leibniz University Hannover.  They discuss how the digital transformation of justice can reduce the focus on the core principle of a fair trial, sidelining several procedurally important aspects of in person hearings.  ODR’s global adoption is being driven  primarily by efficiency, but that efficiency may be achieved at the expense of justice. Fast justice is not always better justice.  

Every society is different, with different stakeholders — and litigants may have different levels of digital literacy in different countries. There may also be issues around the quality internet access available to individuals, challenges around distinguishing safe and unsafe online locations, and accessing safe and secure places to engage in online processes.  If we are to effectively design a new justice system that leverages technology, we must remain cognizant of these challenges around access. awareness, and understanding of technology.

More information about Lissa:
https://www.linkedin.com/in/lissa-gerking-689061160/?originalSubdomain=de

Ian MacDuff

Ian is Teaching Fellow, Centre for ICT Law at Auckland Law School. He was, until June 2016, Associate Professor of Law and Director of the Dispute Resolution Initiative at Singapore Management University. He previously taught at Victoria University of Wellington for a number of years. He has been a practising… MORE