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International Journal of Online Dispute Resolution

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Issue 2, 2017 Expand all abstracts
Conference Paper

Justice Reimagined: Online Dispute Resolution and the Justice System

Editor’s Introduction

Authors Daniel Rainey
Author's information

Daniel Rainey
Daniel Rainey is a principal in Holistic Solutions, Inc., and a member of the Board of Directors for The IntenetBar.Org. He served as the co-host of the Liverpool conference.
Conference Paper

Conference Opening Remarks

Keywords Online Dispute Resolution, online court, access to justice, technology and the law
Authors Lord Justice Briggs
AbstractAuthor's information

    Lord Justice Briggs has been intimately involved in the development of technology for improving access to justice in the UK. He was the author of a report that energized the move toward online dispute resolution in the courts. These remarks are a retrospective look at his work, now that he is a member of the UK Supreme Court, and no longer involved day-to-day in ODR development.


Lord Justice Briggs
Justice of the UK Supreme Court.

Graham Ross
Graham Ross runs a distance training course on ODR for mediators and arbitrators at www.odrtraining.com and he is a member of the Civil Justice Council ODR Advisory Group.
Conference Paper

Artificial Intelligence and Online Dispute Resolution Systems Design

Lack of/Access to Justice Magnified

Keywords ODR, ethics, alternative dispute resolution, technology, dispute system design, artificial intelligence
Authors Leah Wing
AbstractAuthor's information

    Recent scholarship and innovative applications of technology to dispute resolution highlight the promise of increasing access to justice via online dispute resolution (ODR) practices. Yet, technology can also magnify the risk of procedural and substantive injustice when artificial intelligence amplifies power imbalances, compounds inaccuracies and biases and reduces transparency in decision making. These risks raise important ethical questions for ODR systems design. Under what conditions should algorithms decide outcomes? Are software developers serving as gatekeepers to access to justice? Given competing interests among stakeholders, whose priorities should impact the incorporation of technology into courts and other methods of dispute resolution? Multidisciplinary collaboration and stakeholder engagement can contribute to the creation of ethical principles for ODR systems design and transparent monitoring and accountability mechanisms. Attention to their development is needed as technology becomes more heavily integrated into our legal system and forms of alternative dispute resolution.


Leah Wing
Leah Wing is Co-Director, National Center for Technology and Dispute Resolution, and Senior Lecturer II, Legal Studies Program, Department of Political Science, University of Massachusetts, Amherst (USA).
Conference Paper

Creating Standards for ODR

Authors Daniel Rainey
Author's information

Daniel Rainey
Daniel Rainey is a Fellow of the National Center for Technology and Dispute Resolution, and a Member of the Self-Represented Litigants Committee of the Virginia State Supreme Court’s Access to Justice Commission.
Conference Paper

Scrutinizing Access to Justice in Consumer ODR in Cross-Border Disputes

The Achilles’ Heel of the EU ODR Platform

Authors Fernando Esteban de la Rosa
Author's information

Fernando Esteban de la Rosa
Fernando Esteban de la Rosa is Professor of Private International Law, University of Granada.

Tim Wallis
Tim Wallis is is a mediator and a solicitor with an interest in ‘tech’. He is the Chair of Claims Portal Limited and Trust Mediation Limited. He prepared this talk in his personal capacity and not on behalf of Claims Portal Limited.
Conference Paper

Recent ODR Developments in China

Authors FANG Xuhui
Author's information

FANG Xuhui
FANG Xuhui is Law Professor of Nanchang University, associated researcher at Cyberjustice of University of Montreal, Senior Counsel of E-Better Business in Shenzhen, mediator of International Commercial Mediation Center for Belt & Road Initiative in Beijing and special mediator at Futian District Court of Shenzhen People’s Court.
Conference Paper

How Can ODR Benefit Business?

Authors Julia Morelli
Author's information

Julia Morelli
Julia Morelli is President of the George Mason University Instructional Foundation, and the Executive Director of the Capitol Connection, a wireless communications company. She is also a mediator, facilitator and conflict coach.
Conference Paper

ODR and Third Party Injury Claims Processing

Authors Stewart McCulloch
Author's information

Stewart McCulloch
Stewart McCulloch is Managing director of NuvaLaw UK Limited.
Conference Paper

Resolving Insurance Claims with Smartsettle ONE™

Authors Ernest Thiessen and Peter Holt
Author's information

Ernest Thiessen
Ernest Thiessen is President of iCan Systems Inc of British Columbia, developers of the Smartsettle eNegotiation and visual blind bidding system.

Peter Holt
Peter Holt is Chief Product Development Officer at iCan Systems Inc. Adapted from similar paper co-authored with LTD insurance mediator Rick Weiler of Weiler ADR.
Conference Paper

ODR and Blockchain

Authors Tina van der Linden
Author's information

Tina van der Linden
Professor Tina van der Linden is Lecturer in Law, Ethics, and Technology for the Vrije Universiteit Amsterdam.
Conference Paper

Smart Contract Panel Opening Comments

Authors Daniel Rainey
Author's information

Daniel Rainey
Daniel Rainey is a principal in Holistic Solutions, Inc., and a member of the Board of Directors for The IntenetBar.Org. He served as the co-host of the Liverpool conference.
Conference Paper

Smart Contracts

Challenges and Solutions

Authors Adam Sanitt
Author's information

Adam Sanitt
Adam Sanitt is Head of Dispute Knowledge at Norton Rose Fulbright.
Conference Paper

Blockchain in Arbitration Development

Multi-Signature Wallet Showcase

Authors Alexander Gurkov
Author's information

Alexander Gurkov
Alexander Gurkov is Post-doctoral researcher at the University of Helsinki, attorney, Saint-Petersburg Bar Association and affiliated researcher of the Legal Tech Lab, Helsinki.
Conference Paper

BREXIT 2.0 Negotiation Simulation with Smartsettle Infinity™

Authors Peter Holt, Graham Ross, Ernest Thiessen e.a.
Author's information

Peter Holt
Peter Holt is Chief Product Development Officer at iCan Systems Inc.

Graham Ross
Graham Ross runs a distance training course on ODR for mediators and arbitrators at www.odrtraining.com and he is a member of the Civil Justice Council ODR Advisory Group.

Ernest Thiessen
Ernest Thiessen is President of iCan Systems Inc of British Columbia, developers of the Smartsettle eNegotiation and visual blind bidding system.

Diana Wallis
Diana Wallis is Former Vice-President of the European Parliament, past President of the European Law Institute and former Director of the International Mediation Institute.
Article

Access_open The Promise and Potential of Online Dispute Resolution in Japan

Keywords Online Dispute Resolution, ODR, ADR, e-Commerce
Authors Hiroki Habuka and Colin Rule
AbstractAuthor's information

    Information technology has dramatically changed the way consumers and businesses transact around the world. Many consumer goods (such as videos, music and software) are purchased online through the Internet instead of through physical stores. Businesses have similarly migrated many of their commercial transactions online, including proposals, due diligence, negotiation and signing. However, most dispute resolution processes have not yet made a similar move; they occur face-to-face, even when the dispute arose online. This has led to a new type of dispute resolution, called ODR (or Online Dispute Resolution). ODR is the use of technology to resolve disputes, and it is being promoted in many countries around the world as a model for civil justice in an online age. North America and the European Union (EU) have aggressively promoted ODR, and there are many ODR projects currently underway. As one of the leading online economies in the world, Japan is facing many of the same challenges as the rest of the world in providing fast and fair resolutions to online consumers. But to date, ODR has not gotten much traction in Japan. Recently, the Japanese Consumer Network published a report about ODR for cross-border e-commerce transactions and encouraged the government to establish a working group for implementation of ODR. However, discussion by multiple stakeholders towards practical implementation of ODR has not yet started in earnest. This article aims to focus the discussion about how to implement ODR in Japan, providing information about the latest developments in global ODR frameworks and envisioning the challenges ODR faces in the Japanese market.


Hiroki Habuka
Hiroki Habuka is a Deputy Director of Information Economy Division, Commerce and Information Policy Bureau, of Ministry of Economy, Trade and Industry of Japan (METI). He graduated from University of Tokyo Law School (J.D.) and Stanford Law School (LL.M.).

Colin Rule
Colin Rule is Vice President, Online Dispute Resolution, Tyler Technologies. He served as Director of Online Dispute Resolution at eBay and PayPal, and co-founded Modria.com, an ODR provider that was sold to Tyler Technologies in 2017.
Article

The Law of Consumer Redress in an Evolving Digital Market

Upgrading from Alternative to Online Dispute Resolution

Keywords e-Commerce, Online Dispute Resolution, Alternative Dispute Resolution, consumer redress
Authors Pablo Cortés
AbstractAuthor's information

    This article contains the Introduction of a book with the same title recently published by Cambridge University Press, which is reproduced here with its permission. The book offers an updated analysis of the various consumer dispute resolution processes, its laws and best practices, which are collectively referred as the Law of Consumer Redress. The book argues that many consumer redress systems, and in particular publicly certified Alternative Dispute Resolution (ADR) entities, are more than a mere dispute resolution mechanism as they provide a public service for consumers that complements, and often replaces, the role of the courts. In examining the current redress models (i.e., public enforcement, private enforcement and other market options), the book calls for greater integration amongst these various redress options. It also advocates, inter alia, for processes that encourage parties to participate in ADR processes, settle meritorious claims and ensure extrajudicial enforcement of final outcomes. Lastly, the book calls for a more efficient rationalization of certified ADR entities, which should be better coordinated and accessible through technological means.


Pablo Cortés
Pablo Cortés is Professor of Civil Justice, University of Leicester, UK.
Article

European Regulation on Online Dispute Resolution

A Comment on Its Enforcement in Italy

Keywords European Regulation, ODR, ADR, Italian enforcement
Authors Rebecca Berto
AbstractAuthor's information

    The European single market is a symbol of European integration. Certainly, the European internal market brings great opportunities to its citizens and professionals, especially when the European legislators enact new provisions in order to boost the internal market.
    In May 2013, the European legislator enacted two legislative measures, whose aim was to encourage the employment of out-of-court mechanisms in order to solve consumer disputes: the European Regulation establishing the Online Dispute Resolution interactive website and the Directive on Alternative Dispute Mechanisms. Taking its cue from the first report issued by the European Commission on the Online Dispute Resolution, this article focuses on the enforcement of the European Regulation in Italy and concludes that, due to legal incongruence, no enforcement means have been dictated in order to sanction infringements to the European Regulation carried out by Italian professionals.


Rebecca Berto
Rebecca Berto is Lawyer with the European Consumer Centre - Italy: d.jur. University of Padua, Pg. Dipl. International Dispute Resolution (Arbitration) Queen Mary University – London, admitted to the Italian Bar. The views expressed herein are solely the author’s and do not represent either the opinion of ECC-Italy or of its host structures or of any other of its public financers.