The primacy of efficiency in the administration of justice in crisis: judicial solutions in a North American perspective

A crisis of global significance, the COVID 19 pandemic has led to a slowdown in civil society, economic and justice activities. Faced with general uncertainty, courts around the world have been slowed down, if not paralyzed, in addition to having to establish emergency justice through hybrid or special processes. In such a context, the search for effective measures becomes vital. This article therefore contributes to the reflection undertaken on the effectiveness of the judicial system in times of a pandemic. The health crisis seems to have encouraged rapid changes in the organization of judicial services. Will this development give way to a lasting and profound transformation of civil justice? This article will report on measures and good practices established in Quebec, and elsewhere in Canada and North America, aimed at promoting the efficiency of the administration of justice and adjudication of disputes, and at reducing judicial delays. Specifically, three categories of measures and practices will be discussed: effective case management measures (Part I), private dispute resolution methods integrated into the activity of state courts (Part II) and technological -measures (Part III). We will see that judicial systems seek a delicate balance between fundamental procedural guarantees, the quality of justice, and the efficiency of justice. We will conclude the article by asking what the contours of efficient and accessible civil justice are.