Alternatives and Innovations in the context of the pandemic

Alternatives and Innovations in the context of the pandemic

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  Historically, we’ve come at justice from a system-centered approach (judges, lawyers, courts, etc.). This has resulted in a technically good approach but put the user of the system on the outside- particularly, self represented litigants.
  
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  Need to shift to a people-centered vision. People should fit within system.
  
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    Everyday legal issues: education, advice support; complaints, disputes; inclusion, social membership
    
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    Innovations, new/simplified processes
    
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    Start with the question: what do people need?
    
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    Be in service of those people, rather than the system itself
    
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  Pandemic has forced us to rethink access to justice needs, and extant and proposed solutions to AtJ issues
  
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    Aggravated inequities and made access to justice worse
    
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    But also forced innovations
    
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  Some alternatives / innovations
  
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    Specialized courts
    
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    Online tribunals
    
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    ADR
    
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  Others
  
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    Reforming family law system (AB initiative)
    
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    Amazon buyer dispute program
    
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    Public legal education initiatives (self-help approach)
    
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  Benefits and critiques
  
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    Tie back to purposes – issues with privatization e.g. setting expectations via the common law
    
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    May also lose the benefit of procedural justice in some circumstances (e.g. amazon)