Managing Bias, Partiality, and Dependence in Online Justice Environments.
Abstract
As Online Dispute Resolution (ODR) begins to enter the wider market, it promises to
substantively change the way arbitration works in the justice eco-system. As such, the
justice community must determine the fundamental values to be incorporated into the
online justice environment so that it can address ethical and regulatory issues in the
design of ODR. This thesis is the first attempt of any ODR scholar to identify the
fundamental values that must be embedded in the decision making portion of the ODR
process.
This thesis advocates for the principle of judicial independence and impartiality:
decision makers in the arbitration system must be both impartial and independent,
without exception, even if the adherence to this rule of law principle conflicts with
maximizing the efficiencies of the overall system. As it relates to the decision making
process that incorporates technology within the model, technology driven bias must be
identified and mitigated against. Consequently, the ODR system must be examined
through the lens of risk identification and mitigation principles. This thesis is the first,
to examine the ODR model within the technology driven aspects of model design.
This thesis examines Rule of Law within the context of decision making in the online
justice environment. The thesis argues for adherence to seven rules of action: (1) the
rule of law (RoL) must be protected within the online justice environment; (2) an
independent and impartial decision maker is an essential RoL principle, such that no
departure from the principle should be allowed; (3) it is the method of ensuring the
independence and impartiality of the decision maker that is open for greater debate; (4)
it is the model design that mitigates dependence and bias; (5) the reduction of
negatively impactful bias is the current “best practice” standard; (6) there must be a
human within the final step of the technology driven decision making model; (7)
accountability is essential as ODR is part of the justice eco-system. The thesis
concludes by creating a first of its kind, best practices guidelines with specific examples
of risk identification and mitigation principles that must be built into the design.
Authors
Raymond., Anjanette H.Collections
- Theses [4125]