International Journal of Online Dispute Resolution

Article

Where Have All the Lawyers Gone?

The Empty Chair at the ODR Justice Table

Keywords legal profession ODR, system design, courts, legal practice
Authors Noam Ebner en Elayne E. Greenberg
Author's information

361198 Noam Ebner
Noam Ebner is Professor of Negotiation and Conflict Resolution, Creighton University.

361201 Elayne E. Greenberg
Elayne E. Greenberg is Assistant Dean for Dispute Resolution Programs, Professor of Legal Practice and Director of Hugh H. Carey Center for Dispute Resolution.
  • Abstract

      We are currently witnessing a revolution in access to justice and a parallel revolution in justice delivery, design and experience. As dispute resolution design scholars tell us, the implementation of any new dispute intervention plan in a system should involve all of its stakeholders from the beginning. In our justice system there are three primary stakeholders, who have been traditionally involved in processes of innovation and change: the courts, the parties and the lawyers. Courts and parties have been involved in the development of online dispute resolution (ODR). However, one significant justice stakeholder, the legal profession, has been relatively absent from the table thus far – whether by lack of awareness, by lack of will or innovative spirit or by lack of invitation: lawyers.

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