9 Conclusions
This study has sought to demonstrate how the development of dispute resolution
technology has given rise to new forms of private enforcement. Modern technology applied to conflict management enables new forms of coercion, such as direct
enforcement on e-commerce sites, ICANN’s domain name dispute resolution,
and self-enforcing smart contracts. This increasing privatisation of coercion has
mostly gone unnoticed, as most of these private enforcement mechanisms deal
with low-value civil disputes in which party autonomy has traditionally been
extensive. Unlike in cases dealing with criminal liability, the public interest
in such civil disputes is less pronounced. In this context, the contractual dimension can easily pass over the need for effective access to justice, although in some
instances it cannot be ignored, as is the case with effective consumer protection in
e-commerce disputes. However, the emergence of such private mechanisms
demonstrates a general trend towards privatising coercion. This shift explains
something about the disruptive qualities of dispute resolution despite the fact
that it mostly affects cases often disregarded from the fundamental rights perspective. The main finding of this study is that the technologically-enabled
privatised coercion cannot be justified by the existing legal concepts.
In order to understand the overall trend of privatised coercion it is necessary to
approach dispute resolution technology from a broader, holistic perspective. Dispute
resolution technology represents one of the intersections between law, technology
and society, its disruptiveness being the result of complex social, economic, political
and legal reactions related to the overall digitalisation of society. This study has
attempted to provide one perspective on the ways in which the society is changing
as a result of the increasing use of ICT. Here, this change within the legal system is
portrayed through interpretation influenced by systems theory, and the social
dimension of technology is seen as an emergent social system called the use of ICT.
Technological development does not take place in a social vacuum. We need to
acknowledge the societal implications of increasing legal digitalisation. This being
said, we should be aware of how this development at times strengthens and renews
existing social ideologies and power imbalances. However, we also need to be
cautious not to reduce the impact of dispute resolution technology to reflect existing
tensions but instead assess the scope of technological disruption while simultaneously keeping in mind the complex interplay of law, technology and society.
This study has sought to demonstrate how the development of dispute resolution
technology has given rise to new forms of private enforcement. Modern technology applied to conflict management enables new forms of coercion, such as direct
enforcement on e-commerce sites, ICANN’s domain name dispute resolution,
and self-enforcing smart contracts. This increasing privatisation of coercion has
mostly gone unnoticed, as most of these private enforcement mechanisms deal
with low-value civil disputes in which party autonomy has traditionally been
extensive. Unlike in cases dealing with criminal liability, the public interest
in such civil disputes is less pronounced. In this context, the contractual dimension can easily pass over the need for effective access to justice, although in some
instances it cannot be ignored, as is the case with effective consumer protection in
e-commerce disputes. However, the emergence of such private mechanisms
demonstrates a general trend towards privatising coercion. This shift explains
something about the disruptive qualities of dispute resolution despite the fact
that it mostly affects cases often disregarded from the fundamental rights perspective. The main finding of this study is that the technologically-enabled
privatised coercion cannot be justified by the existing legal concepts.
In order to understand the overall trend of privatised coercion it is necessary to
approach dispute resolution technology from a broader, holistic perspective. Dispute
resolution technology represents one of the intersections between law, technology
and society, its disruptiveness being the result of complex social, economic, political
and legal reactions related to the overall digitalisation of society. This study has
attempted to provide one perspective on the ways in which the society is changing
as a result of the increasing use of ICT. Here, this change within the legal system is
portrayed through interpretation influenced by systems theory, and the social
dimension of technology is seen as an emergent social system called the use of ICT.
Technological development does not take place in a social vacuum. We need to
acknowledge the societal implications of increasing legal digitalisation. This being
said, we should be aware of how this development at times strengthens and renews
existing social ideologies and power imbalances. However, we also need to be
cautious not to reduce the impact of dispute resolution technology to reflect existing
tensions but instead assess the scope of technological disruption while simultaneously keeping in mind the complex interplay of law, technology and society.