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Digitalization and Artificial Intelligence in Courts: Opportunities and Challenges

Digitalization and Artificial Intelligence in Courts: Opportunities and Challenges

Author: Fernando Esteban de la Rosa; Pablo Cortes; Nuria Marchal Escalona
Publisher: Oxford University Press
ISBN: 9780198918721
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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In an era of rapid technological advancement, justice systems around the world stand at the threshold of a profound transformation. Digitalization and artificial intelligence offer unprecedented opportunities to enhance efficiency, broaden access to legal remedies, and bring courts closer to citizens. Yet, as judicial processes become increasingly digitalized and automated, critical questions arise: how can we ensure transparency, fairness, and accountability in online dispute resolution (ODR) and AI-driven systems? What protections must be in place to preserve privacy, uphold fundamental rights, and ensure that technology serves, rather than undermines, the core principles of justice?

Positioned at the intersection between technology and justice, Digitalization and Artificial Intelligence in Courts: Opportunities and Challenges explores these questions. The first part of the volume considers strategies for bridging the digital divide, explores the potential for process pluralism, outlines data protection requirements, and emphasizes the necessity of robust cybersecurity frameworks. It also tackles one of the most pressing concerns of the digital era: fostering trust and legal certainty in a virtual justice system. The second part presents a comparative analysis of selected groundbreaking national and cross-border court digitalization initiatives, from England and the United States to China, Pakistan, and the European Union. The final part examines the role of AI in courts, offering a critical reflection on its promises and perils, from algorithmic bias to the controversial concept of "AI judges."

Through a rigorous and balanced analysis, the authors map the opportunities and challenges of an increasingly digitalized legal landscape. Essential for legal professionals, policymakers, and scholars, Digitalization and Artificial Intelligence in Courts serves as a fundamental guide to navigating the future of justice systems and technology in the 21st century.

PART I. BUILDING FOUNDATIONS FOR THE DIGITALIZATION OF THE JUSTICE SYSTEMS

1:Towards a People-Centric Digitalization of Justice Systems: Fostering Empowerment, New Rights, and Fair Treatment amid the Digital Divide

Fernando Esteban de la Rosa

2:Process Pluralism in the Post-Covid Dispute Resolution Landscape

Orna Rabinovich-Einy

3:Challenges of Using AI Tools in the Digitalization of Advanced Justice Systems: Beyond Data Protection and CybersecuritJose Antonio Castillo Parrilla

4:Biometric Breakthroughs: Transforming Electronic ID and Trust in Courts

Begoña Fernández Rodríguez

PART II. THE IMPACT OF TECHNOLOGY IN TRANSFORMING NATIONAL COURTS AND CROSS-BORDER LITIGATION

5:Technology as an Instrument to Promote Settlement in Advance of Court Adjudication-Developments in England and Wales

Pablo Cortés

6:Designing to Expand Access to Remedies, Voice, and Possibly Justicein United States Court Online Dispute Resolution (ODR)Amy J. Schmitz

7:Delivering Justice in the Digital Economy: Innovations in China's E-Courts

Alex ChungandYing Yu

8:The Digitalization of the Pakistani Justice System: Challenges and Solutions

Nauman Reayat

9:Facilitation of Digital Access to Justice in Cross-Border Environments: The New System of European Judicial Cooperation in Civil Matters

Nuria Marchal Escalona

10:The Framework for Evidence-Taking under the Policy of European Judicial Cooperation on Civil Matters

María José Fernández-Fígares Morales

PART III. THE RISE OF AI IN DIGITAL COURTS

11:Human Rights-Compliant Artificial Intelligence: Regulatory Frameworks for Upholding Democracy and the Rule of Law in the Digital Age

Ozana OlariuandJohn Zeleznikow

12:Governance of AI in the Judicial System

Javier Valls Prieto

13:Artificial Intelligence Systems Processing Judicial Decisions and Legal Data Under the EU Legal Framework

Roberta Montinaro

14:The Integration of Artificial Intelligence in the Digitalization Process of the Administration of Justice

John Zeleznikow

15:Courthouse AI and Access to Justice in the United States

David Freeman Engstrom,Ayelet Sela, and Natalie Knowlton

16:Judging the Robot Judge

Tania Sourdin and Ella Brown

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