Technology and access to justice during the pandemic: online dispute resolution development in Brazil and Japan

Abstract

Online Dispute Resolution (ODR) covers conflicts settled over the Internet. As it does not rely on face-to-face interactions, ODR plays an important role during the COVID-19 pandemic and may be an important tool for enhancing access to justice. There is, however, scarce literature addressing Brazilian and Japanese cases, which are studied herein. This study aims to present a brief framework on the development of ODR, its use during the pandemic and main advantages and challenges observed. Methodological procedures were developed through a qualitative approach, based on bibliographic and documentary research on ODR. It was found out that ODR is not yet fully implemented, neither in Brazil nor in Japan. Brazil experiences cultural challenges regarding its prevailing culture of litigation, but used ODR throughout the pandemic, after a periodo of transition. Japan faces barriers as ODR costs and lack of enforcement power, while its citizens could not properly access justice during the pandemic.