ABSTRACT
Traditionally, legal rules in private law are general and impersonal. This Article proposes a novel development in personalizing private legal proceedings and promoting efficient evidence-based judicial decisionmaking. It advocates recourse to personalization regarding parties to a particular proceeding through the use of concrete, internal information obtained from previous proceedings – Internal Process Data (IPD). We argue that IPD may well increase efficiency and save on costly and lengthy legal proceedings. The Article will focus on sophisticated players, namely, repeat, skilled players, such as insurance companies or commercial entities, as well as administrative authorities.
The insights may, in fact, be used in every proceeding in which relevant information exists from earlier proceedings in which at least one of the parties to the present litigation participated. Such information may assist the courts in dealing with the case at hand in the best possible way by predicting the preferences of one or both parties regarding the present case. Criteria for the implementation of personalization will be presented, as well as the principal advantages of use of IPD as opposed to use of ‘Big Data’. The research agenda proposed in this Article could yield insights that guide courts and policymakers in considering directions for personalization of law that are efficacious but less controversial than those of Big Data.
We demonstrate the argument from different fields and branches of law. One prominent example relates to dispute resolution proceedings – approval of a compromise settlement by the court in a class action …
Shmueli, Benjamin and Phux, Moshe, Small Data, not (Only) Big Data: Personalized Law and Using Information from Previous Proceedings (2020). Ohio State Journal on Dispute Resolution, volume 35, no 3, 2020, pp 331-404.
First posted 2021-03-20 17:45:04
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