RELATION BETWEEN THE CHOICE ARCHITECTURE OF ONLINE DISPUTE RESOLUTION PLATFORMS AND THE VULNERABILITY IN SELFREPRESENTED LITIGATION

Abstract

This research approaches the online dispute resolution platforms and their tendency to allow self-represented litigation, and it brings some concerns about vulnerability of the parties involved in this kind of processes. For doing this, the paper presents points of parties’ vulnerability in jus postulandi cases that are already permitted, and it also indicates negative consequences (including social consequences) of the idolatry of agreements culture only based on decreasing the quantity of processes at Judicial System. At the end, it relates the choice architecture (the design of different ways in which choices can be presented) with cerebral human systems of decision-making, showing its power to reduce or emphasize the vulnerability inherent in self-represented litigation.

Keywords

• nudge
• lawyer
• agreement
• technology
• jus postulandi