International Journal of Online Dispute Resolution

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Issue 1, 2023 Expand all abstracts

Access_open Editor’s Note


Access_open ODR Rising: The Resolution Revolution

22nd International ODR Forum March 17-18 2023 in Bengaluru, India

Keywords ODR Forum, Online Dispute Resolution, Online Courts, India, regulating ODR, digital public oods, ODR and grassroots, court-annexed ODR, Artificial Intelligence and ODR
Authors Ayushi Singhal and Keerthana Medarametla
AbstractAuthor's information

    The 22nd International Online Dispute Resolution Forum took place in Bangalore, India on 17 and 18 March 2023. The Forum covered a wide array of themes, including ODR and new-age technologies like conversational AI; ODR’s usage in business, government, grassroots, as well as court-annexed resolution mechanisms; adoption of online resolution by courts; regulating ODR; supporting dispute resolution professionals in the ODR ecosystem, adoption of Digital Public Goods in the ODR ecosystem, amongst other themes. This article aims to share some of the ideas discussed during the Forum by the participants and speakers.

Ayushi Singhal
Ayushi Singhal is co-lead for the Public Collective for Avoidance and Resolution of Disputes at Agami India.

Keerthana Medarametla
Keerthana Medarametla is co-lead for the Public Collective for Avoidance and Resolution of Disputes at Agami India. Agami is a movement of ideas and people seeking to transform the experience of Justice in India. We believe that the only way we can radically improve our experience of law and justice in India is if millions of citizens go beyond merely seeking justice to creating solutions that make justice for themselves and for their communities. To know more about PUCAR or the Public Collective for Avoidance and Resolution of Disputes: https://pucar.org/. To know more about Agami: https://agami.in/.

Access_open Delivering Justice Solutions to Persons with Disabilities through Online Dispute Resolution Platforms

Keywords Online Dispute Resolution (ODR), persons with disabilities (pwds), access to justice, lower-middle income countries
Authors Nivedita Krishna, Krithika Sambasivan, Upasana Nath e.a.
AbstractAuthor's information

    Persons with disability (PwDs) face greater challenges when accessing justice. Traditional means of justice seeking and delivery are complex and PwDs often encounter physical and socio-legal barriers. Online Dispute Resolution (ODR) has been proposed as a more efficient and feasible model for justice delivery for PwDs. In India, people with disabilities face hurdles within the justice system, but is not extensively captured in the literature. Therefore, to provide for a more “accessible” model of justice delivery, we developed a blueprint for ODR for PwDs. We developed a model based on a workshop attended by experts in the field of law, disability, and ODR as part of the Agami International ODR Forum, 2023 held in Bengaluru, India. The workshop gleaned insights into components that would be required to make ODR effective for PwDs. A blueprint for an effective ODR mechanism was created based on these insights, superimposed within the framework of an effective ODR platform created by VIDHI Centre for Legal Policy. Our blueprint reveals considerations of accessibility and inclusivity under each of the components along with procedural and data-driven cognizance. Furthermore, the blueprint highlights different stakeholders and players who are required and/or feed into the system to make ODR for PwDs possible. The motto for, of and by the PwDs pervades through the blueprint to uphold ‘nothing about us, without us’ within the justice system.

Nivedita Krishna
Nivedita Krishna, Pacta, Bengaluru, India.

Krithika Sambasivan
Krithika Sambasivan, Pacta, Bengaluru, India.

Upasana Nath
Upasana Nath, Pacta, Bengaluru, India.

Pragya Sahay
Pragya Sahay, , EnAble India, Bengaluru, India.

Shanti Raghavan
Shanti Raghavan, EnAble India, Bengaluru, India.

Access_open Forward-Looking Approach to Online Dispute Resolution (ODR) in Light of the Current and Forthcoming EU Digital Legislation

Keywords EU digital legislation, cross-border disputes, data-driven ODR, dispute resolution rules, enforcement mechanisms, ODR providers, IT architecture, self-governance, Artificial, artificial intelligence (AI), Online Dispute Resolution (ODR), ethical design
Authors Zbynek Loebl and Tereza Rezabkova
AbstractAuthor's information

    The article delves into the intricate process of establishing effective Online Dispute Resolution (ODR) systems within the evolving landscape of EU digital legislation. In this era, we are witnessing a surge in cross-border, multi-lingual disputes in the digital domain, necessitating swift and cost-effective solutions. An ethical, data-driven ODR system, underscoring the significance of open-source solutions is a possible solution to these challenges. Such ODR systems are built upon five essential components: ethical design, dispute resolution rules, enforcement mechanisms, ODR service providers, and technical infrastructure. Furthermore, the article explores the integration of Artificial Intelligence (AI) in ODR systems, clarifying how AI can enhance the resolution of disputes and aid parties in negotiations, court proceedings, and arbitration. An IT architecture that supports decentralized collaboration, data exchange and economic efficiency is vital in the ODR environment. In conclusion, the article offers a forward-looking perspective on the construction of an ethical, data-driven ODR environment that can adapt to the ever-shifting dynamics of digital legal frameworks.

Zbynek Loebl
Zbynek Loebl is an ODR and internet lawyer; he works as Of Counsel of PRK Partners law firm, Czech Republic.

Tereza Rezabkova
Tereza Rezabkova is a student of Double degree in Laws and Business Administration at IE University in Madrid, Spain. She is working as law student at PRK Partners law firm, Czech Republic. This contribution is based on research carried out in the framework of the DG Justice-supported project or the e-Justice ODR scheme (GA n. 101046468).

    Dispute system design is the study of one or more processes adopted to prevent, manage or resolve a stream of disputes connected to a given organization or institution. In real life, many of us will have opportunities to think about a particular class of disputes – family, landlord-tenant, employment, community, governmental services, business-consumer in brick and mortar offices or online stores. Diverse people may be in a position to design – a computer programmer, a user, a consumer advocate, a dispute settlement provider, a lawyer, a mediator or an organizational leader.

Janet Martinez
Janet Martinez, Senior Lecturer in Law Emeritus, Stanford Law School.

Mayu Watanabe
Mayu Watanabe, Specially Appointed Associate Professor, Rikkyo University.

Access_open Informational Sovereignty

A New Framework for AI Regulation

Keywords validation of the legal underpinnings of systems, large language models, sovereignty, rule of law, jurisdiction bias, ai risk, ai transparency, ai accountability, pragmatics of adoption, informational sovereignty, digital sovereignty
Authors Nicky Gillibrand and Chris Draper
AbstractAuthor's information

    Discussions of digital sovereignty predominate artificial intelligence (AI) discourses. However, digital sovereignty has been unable to effectively respond to longstanding concerns regarding the use of AI. These challenges include systemic bias, transparency/accountability and intellectual property infringement/theft. The authors posit an alternative framework – informational sovereignty – encouraging a recalibration of how technological sovereignty is viewed. Through this model emphasis is placed on respecting jurisdictional boundaries and jurisdictionally appropriate information sources to result in representative outcomes for communities rather than the traditional focus on where the data is held and system reliability that has thus far been the subject of much high-profile litigation. The article therefore sets out a quadripartite model of informational sovereignty encompassing concerns regarding population, territory, recognition and regulation of borders, before analysing the place of informational sovereignty in future iterations of AI regulation, including its practical applicability in the European Union Artificial Intelligence Act (EU AI Act).

Nicky Gillibrand
Nicky Gillibrand, University College Dublin.

Chris Draper
Chris Draper, Indiana University.

Access_open The Future of Healthcare

A Case for Online Dispute Resolution

Keywords online dispute resolution, artificial intelligence, patient advocacy, health technology wearables, patient rights, health justice
Authors Randall Blake
AbstractAuthor's information

    The rapid adoption of artificial intelligence (AI) and advanced health technologies raise critical challenges around privacy, bias, and access to data. This proliferation also creates a justice gap - patients lack accessible recourse for emerging disputes. Integrating online dispute resolution (ODR) systems into healthcare’s digital infrastructure could provide a timely, patient-centered solution. ODR gives individuals agency to efficiently resolve conflicts through transparent, explanatory processes adapted to medical contexts. Without relying on litigation or regulatory bodies, ODR embedded in patient portals and apps can address disputes over AI diagnostics, electronic records, wearable data misuse, and insurance discrimination. Thoughtfully designed ODR puts control directly in patients’ hands, closing the justice gap. With appropriate oversight and design considerations, ODR can empower patients with self-advocacy as healthcare rapidly digitizes.

Randall Blake
Randall Blake, Graduate of Master of Arts in Dispute Resolution at Southern Methodist University, current J.D. Candidate at St. Mary’s University School of Law.

Access_open Personalized e-Justice ODR Forms

Keywords ODR, e-justice, access to justice, digitally disadvantaged persons, vulnerable persons, personalized ODR forms, diversity by design, AI, distributed training of AI models, digital mapping, BPMN, Json, cybersecurity, protection of privacy, anonymized shari
Authors Zbynek Loebl, Davide Carneiro, Ciprian Ciubotariu e.a.
AbstractAuthor's information

    There are two critical assumptions for improving access to online justice: (i) effective control of data by those who generate the data; and (ii) symetric relation between the parties. Based on these critical assumptions, new approaches to e-justice ODR procedures and new AI based publicly available services should be adopted as well as new online technology. Not only the ODR institutions but even the parties, including people and importantly also persons with digital disadvantages, will have their own independent online platforms with their data storages, personalized ODR forms continuously improved by new AI-based services and asynchronous digital communication among platforms at a mass scale. Such platforms will be defined as VAPs (Virtual Agent Platforms). Thanks to the possibility for the parties to personalize their VAPs, it will be easier and more efficient to achieve diversity by design in access to online justice as the collaboration among users-data generators will provide a crucial asset.

Zbynek Loebl
Zbynek Loebl is an ODR and internet lawyer; he works as Of Counsel of PRK Partners law firm, Czech Republic.

Davide Carneiro
Davide Carneiro is a Professor on Computer Science at the Polytechnic of Porto, and a researcher at the Center for Innovation and Research in Business Sciences and Information Systems (CIICESI).

Ciprian Ciubotariu
Ciprian Ciubotariu is an independent technology expert, with a long experience in creating large-scale systems.

Tereza Rezabkova
Tereza Rezabkova is student of Double degree in Laws and Business Administration at IE University in Madrid, Spain. She is working as law student at PRK Partners law firm, Czech Republic.