OUR COURTS CAN LEARN A LESSON FROM CHINA

A new report from Stanford-LASC, “A Blueprint for Expanding Access to Justice,” makes it clear that courts across the country are simply overwhelmed. For example, in 2023, over half of Los Angeles eviction cases ended up in default largely because tenants had trouble working with the system or were ever presented with any official paperwork .

The report urges the legal system to move online to ODR (Online Dispute Resolution).. It’s estimated 98% of Americans use cell phones every day, so many disputes can be handled on the web.

China is a leader using ODR within its courts. After it was first considered for small disputes between online sellers and shoppers, the government invested in ODR as part of its judiciary. By the end of 2019, China had established three internet courts in Hangzhou, Beijing, and Guangzhou that handled over 120,000 cases since they were established. These courts use AI for quicker, less expensive, and more flexible outcomes. China’s ODR is part of its plan to be a global leader of public services powered by digital tools.

Imagine filing a complaint against a merchant on your cell phone, submitting documents, participating in mediation, reaching an agreement and filing final documents all from your cell phone. While you might be able to do that in China, in many U.S. jurisdictions you have to file documents in person, take a day off to appear in court, wait for a judgment, and hope for justice—the same process from a century ago.

Instead, China’s example of an alternative way to address these disputes could be replicated successfully in America and elsewhere.