Fostering Access to Justice: A Human Values-Centred Investigation of Bankruptcy Filing Innovation Through Its Design and Use

Abstract

Although a fundamental human right, access to justice remains a persistent predicament that disproportionately impacts the most vulnerable in society. The challenge is particularly evident in personal bankruptcy filings, where individuals often face financial despair and lack the resources needed to navigate the process. Digital innovation holds promise for improving access to justice. Our study focuses on Upsolve, a digital innovation that supports users in bankruptcy filing. Drawing on value sensitive design and the concept of technological mediations, our study traces values from those embedded in design features to the realisation of values through user experiences with a digital innovation, by theorising mediation mechanisms that explain the connections between values in design and use. The findings suggest that a designer’s purposive values involving safe and equitable access, simplification, empowerment, compassion, and autonomy led to a design that enables users to be in control of the process. User interactions with Upsolve’s innovation shape their perceptions of bankruptcy filing and help them complete the process, enabling the realisation of values of support, dignity, destigmatisation, hope, and life chances. The study contributes to the literature and offers insights into engaging with human values when designing digital innovations to improve access to justice.