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International Journal of Online Dispute Resolution

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Issue 2, 2022 Expand all abstracts
Article

Access_open Parameters of Online Dispute Resolution

Introducing a New Framework for ODR

Keywords ODR, online dispute resolution, alternative dispute resolution, ethics, technology, artificial intelligence, automation, system integration
Authors Leah Wing and Chris Draper
AbstractAuthor's information

    Discussions about the parameters of what constitutes Online Dispute Resolution have increased in depth and rigor since the exponential growth in the application of technology to dispute resolution in the shadow of the pandemic. The definition of the boundaries of ODR can significantly impact access to justice through systems design, technology selection, practitioner training, and ethical standards. Given the centrality of these to dispute handling processes, the National Center for Technology and Dispute Resolution developed a descriptive ODR Framework outlining parameters based on the amount of reliance on humans, technology integration, and automation. The presentation at the ODR Forum in Dublin 2022 publicly launched the Center’s paper, Framing the Parameters for Online Dispute Resolution.


Leah Wing
Leah Wing, Director, National Center for Technology and Dispute Resolution; Co-Founder and President of the Board, International Council for Online Dispute Resolution; and Senior Lecturer II, Legal Studies Program, Department of Political Science, University of Massachusetts Amherst, USA.

Chris Draper
Chris Draper, Chief Technology Officer, Third Coast Commodities; Director, Trokt; Visiting Scholar, Indiana University Bloomington; Fellow, National Center for Technology and Dispute Resolution.
Article

ODR Ethics and Standards

The Revised NCTDR and ICODR Standards

Keywords ODR, standards of practice, ethics
Authors Leah Wing, Daniel Rainey, Moreneke Obi-Farinde e.a.
AbstractAuthor's information

    The panelists present the latest edition of the online dispute resolution standards published by the National Center for Technology and Dispute Resolution (NCTDR) and the International Council for Online Dispute Resolution.


Leah Wing
Leah Wing, Director, National Center for Technology and Dispute Resolution; Co-Founder and President of the Board, International Council for Online Dispute Resolution; and Senior Lecturer II, Legal Studies Program, Department of Political Science, University of Massachusetts Amherst, USA.

Daniel Rainey
Daniel Rainey, Principal, HSI, Board Member, ICODR.

Moreneke Obi-Farinde
Moreneke Obi-Farinde, Founder, ODR Africa Network.

Alberto Elisavetsky
Alberto Elisavetsky, Founder, ODRLatinoAmerica.com.

Pablo Cortes
Pablo Cortes, Professor, Chair of Civil Justice, University of Leicester.
Article

The Universal Disclosure Protocol for Mediation

Keywords mediation, culture, ODR, disclosure
Authors Ana Maria Maia Gonçalves and Daniel Rainey
AbstractAuthor's information

    The presenters discuss the development and application of the UDPM, a standard framework for opening mediation sessions. The elements of the UDPM are presented and their impact on self-determination is discussed.


Ana Maria Maia Gonçalves
Ana Maria Maia Gonçalves, Founder, ICFML.

Daniel Rainey
Daniel Rainey, Principal, HSI, Board Member, ICODR.
Article

The English Online Court

A Research Proposal for Its Evaluation

Keywords digital justice, online dispute resolution, online court, ADR, litigants in person
Authors Pablo Cortes
AbstractAuthor's information

    The most difficult challenge of modern-day courts has been their inequality in terms of access and outcomes. Much effort has been devoted to render court proceedings quicker, less expensive, and more comprehensible, especially for litigants in person (LIPs) as they represent the majority of court users in civil proceedings. There is an ongoing 1.4 billion court reform program in England and Wales, which is introducing new online processes, including notably, the Online Civil Money Claims (OCMC), which current pilot has already processed over 300,000 small claims under £10,000. This new digital court process provides a unique site for exploring the potential and challenges associated with the shift to online proceedings in terms of access to justice, equality of outcomes and perceptions of fairness. To that end, this paper discusses the background of the OCMC process and a research proposal for its evaluation. By empirically understanding what elements of the digital dispute resolution process work well and those that need improvement, there is a unique opportunity to identify design changes in the digital court, so that it can become more accessible and fairer for LIPs, who represent the largest group of court users, and therefore whose views determine the level of public confidence in the English legal system.


Pablo Cortes
Pablo Cortes, Chair in Civil Justice Leicester Law School University of Leicester.
Article

Conference Closing Remarks

Keywords Online dispute resolution, ODR, technology, dispute system design
Authors Leah Wing
AbstractAuthor's information

    Closing remarks at the 21st annual Online Dispute Resolution Forum highlighted key themes raised during the conference. Interestingly, they reflected both the push for integrating technology into dispute resolution systems and institutions and the push to resist such integration, urging instead system and institutional transformation. Creative and successful examples in each approach reflected attention to equality and access to justice.


Leah Wing
Leah Wing, Director, National Center for Technology and Dispute Resolution; Co-Founder and President of the Board, International Council for Online Dispute Resolution; and Senior Lecturer II, Legal Studies Program, Department of Political Science, University of Massachusetts Amherst (USA).
Article

Comments on Artificial Intelligence

Keywords ChatGPT, dispute resolution systems, artificial intelligence
Authors Ethan Katsh, Chris Draper, Noam Ebner e.a.
AbstractAuthor's information

    A cross section of the Fellows of the National Center for Technology and Dispute Resolution (NCTDR) present short reactions to the rapid development of artificial intelligence (AI) programs like ChatGPT, indicating the potential advantages and the potential dangers inherent as AI is integrated into dispute resolution systems.


Ethan Katsh
Ethan Katsh, Founder, National Center for Technology and Dispute Resolution, Professor Emeritus of Legal Studies, University of Massachusetts Amherst.

Chris Draper
Chris Draper, Chief Technology Officer, Third Coast Commodities; Director, Trokt; Visiting Scholar, Indiana University Bloomington; Fellow, National Center for Technology and Dispute Resolution.

Noam Ebner
Noam Ebner, Professor of Negotiation and Conflict Resolution, Creighton University, Heider College of Business.

Zbynek Loebl
Zbynek Loebl, Of Counsel, PRK Attorneys.

Daniel Rainey
Daniel Rainey, Principal, HSI, Board Member, ICODR.

Graham Ross
Graham Ross, Graham Ross is a UK lawyer and mediator with over 20 years of experience in IT and the law. Graham is the author of lthe original QUILL egal application software (accounts and time recording) and the founder of LAWTEL, the popular webbased legal information update service. Graham co-founded the first ODR service in the UK, WeCanSettle, designing the blind bidding software at the heart of the system. Graham subsequently founded TheMediationRoom.com, for whom he designed their online mediation platform. Graham speaks regularly at international conferences on the application of technology to ADR. Graham was host of the 5th International Conference on Online Dispute Resolution held in Liverpool, UK, in 2007 and has organised two other ODR conferences. Graham was a member of the EMCOD project which created a tool for the European Union for the measurement of justice through ODR. Graham was a member of the UK Civil Justice Council’s Advisory Group on Online Dispute Resolution, whose recommendations led to the creation of an online court for small claims. Graham is a Board Member of ICODR. Graham is also a leading trainer in ODR having created the accredited distance training course at www.ODRtraining.com.

Colin Rule
Colin Rule, CEO of Mediate.com and Arbitrate.com. https://odr.info/rule/.

Esther Vilalta
Esther Vilalta, Chair in Civil Law at the Universitat Oberta de Catalunya.

Leah Wing
Director, National Center for Technology and Dispute Resolution; Co-Founder and President of the Board, International Council for Online Dispute Resolution; and Senior Lecturer II, Legal Studies Program, Department of Political Science, University of Massachusetts Amherst, USA.
Article

Can ChatGPT-like AI Function as ODR Fourth Party for Handling School-Related Disputes in China?

Keywords ChatGPT, ODR, fourth party, school-related dispute
Authors Fang Xuhui and Deng Yu
AbstractAuthor's information

    ChatGPT-like AI is a powerful large language model (LLM) for generating human-like text but cannot replace the third party of online dispute resolution (ODR). A Colombian judge used ChatGPT as an ‘assistant’ to help in making a court decision, proving that it cannot play the role of the independent third party. However, ChatGPT-like AI can work as the fourth party and is suitable for preventing and resolving school-related disputes in China. The tests of Open AI ChatGPT, ChatSonic and the Chinese version of ChatGPT prove ChatGPT-like AI has the potential to play the role of the fourth party. It is feasible to customize ChatGPT-like AI as the fourth party to handle school-related disputes in China, thereby exploring the new frontier of ODR. In a word, ChatGPT-like AI enhances the role of the fourth party.


Fang Xuhui
Fang Xuhui (JD), law professor of Nanchang University, associated researcher at Cyberjustice of University of Montreal, senior counsel of the ODR centre at E-Better Business in Shenzhen, mediator of International Commercial Mediation Center for Belt & Road Initiative in Beijing. Project: Humanities and Social Sciences Research Planning Project of Universities in Jiangxi Province (FX18105).

Deng Yu
Deng Yu, director of the Guidance Section of the Supreme People’s Court Judicial Reform Leading Group Office, Doctor of Law.
Article

Measuring the Effectiveness of Public Consumer ADR Schemes

Assessing Evidence from the Greek Consumer Ombudsman

Keywords European Union, Greece, consumer disputes, mediation, alternative dispute resolution
Authors Aristotelis E. Stamoulas
AbstractAuthor's information

    The resolution of disputes lies at the heart of every system of justice. Unfortunately, bottlenecks at courts tend to make tribunal procedures quite lengthy and therefore sometimes unattractive. Also, not all disputes are brought before courts if appealing costs are highly disproportional to the value of claims, at the expense of the latter. Clearly, the situation may harm the prestige of justice by giving the impression that it cannot always serve a fast and fair solution to all needy citizens. The growing area of consumer disputes has been experiencing the consequences of stiff and expensive court systems and has long been searching for a new resolution medium. Satisfaction of such a need would benefit not only single consumer-trader relationships but economic development in general, since it relies largely on the outcomes of a robust and healthy commerce. In many countries in and outside the European Union, the modern institutional reaction to this exploration has led to the realms of the ‘alternative resolution of consumer disputes’. What is it and how truly accessible and effective can it be? How is it performed, what outcomes can it produce and, in the final analysis, why and to what extent could it be preferable to courts? The present article will illustrate answers to such questions by making explicit evaluative references to the most basic operational aspects and productive outcomes of Greece’s single public ADR entity, the Greek Consumer Ombudsman.


Aristotelis E. Stamoulas
Mr Aristotelis Stamoulas is a graduate of the Philosophy School of the Kapodistrian University of Athens and holder of a PgD in Human Resource Management and European Industrial Relations from the University of Keele, an MA in Political and Social Theory from the University of Kent at Canterbury, and an MPhil in Government from the University of Essex. He has worked as an executive consultant at the Hellenic Parliament and to the Greek Minister of Culture. He has been a senior administrator in the Greek Consumer Ombudsman since 2007. In parallel, he has been acting as deputy director of the European Consumer Centre of Greece since 2012, holding the post of the director from 2019 until today. His research interests and publications focus on international human rights and cultural relativism, economics of education, and the protection of consumer rights in domestic and cross-border commerce.