DIGITAL RESOLUTION OF CIVIL DISPUTES: PROCEDURAL GUARANTEES AND JUDICIAL DECISION-MAKING

Abstract

This article explores the transformation of civil dispute resolution in the context of digitalisation, with particular emphasis on its implications for due process guarantees and judicial decision-making. It analyses key stages of civil litigation affected by technological change, including the digital initiation of proceedings, electronic court files, remote hearings, automated decision-making tools, and the increasing use of artificial intelligence both in courts and in alternative dispute-resolution mechanisms. The article argues that digitalisation is not a merely technical process but a normative intervention that directly affects fundamental procedural principles, especially equality of arms, adversarial proceedings, transparency, effective participation, and the right to a reasoned decision under Article 6 of the European Convention on Human Rights. Special attention is devoted to “in extremis” situations, where digital substitution becomes operationally necessary and the outer limits of lawful procedural adaptation must be tested. The article concludes that further digitalisation and automation of civil justice are inevitable, but must be accompanied by robust legal frameworks, meaningful human judicial oversight, and procedural safeguards ensuring fairness, legitimacy, and proportionality.