This article addresses three issues related to online dispute resolution (ODR) that offer promise, and may carry risks for those who develop, provide, and use technology to address disputes and confects. The authors offer some principles to guide the use of technology, and some predictions about the future of ODR. |
Article |
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Journal | International Journal of Online Dispute Resolution, Issue 1 2021 |
Keywords | access to justice, digital divide, Artificial Intelligence, algorithms, Online Dispute Resolution |
Authors | Daniel Rainey and Larry Bridgesmith |
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Article |
‘Firewalls’ to JusticeCan Barriers in Censorship Practices Lead to Advancements in Online Dispute Resolution? |
Journal | International Journal of Online Dispute Resolution, Issue 1 2020 |
Keywords | online dispute resolution, system design, access to justice, artificial intelligence, intellectual property, blockchain, information communication technology, COVID-19 |
Authors | Shirin Ghafary |
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This article will discuss how we can learn from barriers of internet censorship to create opportunities for better access to the justice system through newer and more reliable Online Dispute Resolution technology. These advancements in technology can help in the application of security measures for materials disclosed in the use of online dispute resolution (ODR) platforms and reduce people’s fears of privacy concerns. This in turn will promote the use of ODR and provide greater access to the justice system, especially for those people who cannot afford more traditional forms of legal services by making more convenient platforms that are less costly, less time consuming, and more readily available to people via their laptops. Technology is advancing and it is advancing fast, we choose whether we advance with it or stay behind. The COVID-19 pandemic has shown us the vulnerabilities of our society and how technologically far behind we are, perhaps it was just the push that we needed. |
Article |
Readiness for Family and Online Dispute Resolution |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | online dispute resolution, family dispute resolution, domestic violence, ripeness and readiness, divorce |
Authors | Nussen Ainsworth, Lisa Zeleznikow and John Zeleznikow |
AbstractAuthor's information |
The International Conflict Resolution Community has developed considerable theory and many case studies about ripeness and readiness for mediation. Readiness involves a readiness of the disputant to resolve the conflict, while ripeness indicates the time is appropriate to attempt a resolution. There is a sparse amount of theory about these issues in commercial and family dispute resolution (FDR). We discuss the practice of readiness for mediation, FDR and online dispute resolution and develop practices about when to mediate such disputes – especially when domestic violence has occurred. |
Article |
Digital Identity for Refugees and Disenfranchised PopulationsThe ‘Invisibles’ and Standards for Sovereign Identity |
Journal | International Journal of Online Dispute Resolution, Issue 1 2019 |
Keywords | digital identity, sovereign identity, standards, online dispute resolution, refugees, access to justice |
Authors | Daniel Rainey, Scott Cooper, Donald Rawlins e.a. |
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This white paper reviews the history of identity problems for refugees and disenfranchised persons, assesses the current state of digital identity programmes based in nation-states, offers examples of non-state digital ID programmes that can be models to create strong standards for digital ID programmes, and presents a call to action for organizations like International Organization for Standardization (ISO) and the United Nations High Commissioner for Refugees (UNHCR). |
Part II Private Justice |
The Case for Reframing ODR in Emerging Economies |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | ODR in emerging economies, regtech, India stack |
Authors | David Porteous |
AbstractAuthor's information |
Reports of ODR implementations in emerging economies are still rare, at least outside of China, which in many ways has already emerged digitally at least. But the lack of reports does not mean that there is not increasing ODR activity there. Underlying forces – the usage of smart phones and the rising volume of digital payments outside of the dispute frameworks created by traditional payment card schemes – point to increasing potential access to digital justice, as well as the need for it. This article argues for reframing the case for ODR in two ways that may make it more relevant for policy makers in developing countries. The first is to position ODR in the rapidly growing field of ‘regtech’ (regulatory technology). The second is to show ODR as a layer in the emerging ‘stacks’ of the technology enabling digital government, such as the ‘India stack.’ |
Conference Paper |
ODR and Third Party Injury Claims Processing |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Authors | Stewart McCulloch |
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Article |
From Practice to Profession: The ODR Community’s Next Vital Step |
Journal | International Journal of Online Dispute Resolution, Issue 2 2016 |
Keywords | global applicability, knowledge, professionalism, Qualifying Assessment Programs (QAPs), skills |
Authors | Ana Gonçalves and Irena Vanenkova |
AbstractAuthor's information |
If ODR practitioners and service providers visibly and enthusiastically support the need for the set of transparent high practice and approval standards for ODR that are now under preparation by the ODR Task Force of the International Mediation Institute, and become certified, disputants will much more easily recognize the additional knowledge and skills needed to use technology to resolve disputes, ODR will be recognized as a professional field, they will be more open to using ODR, and the field will grow throughout the world in changing times. |
Article |
Digital Justice: Introduction |
Journal | International Journal of Online Dispute Resolution, Issue 2 2016 |
Authors | Ethan Katsh and Orna Rabinovich-Einy |
Author's information |
Article |
Sceptics of the Screen: Irish Perceptions of Online Dispute Resolution |
Journal | International Journal of Online Dispute Resolution, Issue 2 2015 |
Keywords | ODR, Ireland, mediators, ADR, Internet |
Authors | Simon J. Boehme |
AbstractAuthor's information |
This article captures current trends in online dispute resolution (ODR) and its potential use in Ireland by analysing Irish practitioners’ current attitudes to and awareness of ODR. Ultimately, this work provides the groundwork for future research into Ireland’s use of ODR. This exploratory research will hopefully guide researchers in understanding ODR’s users and consumption. |
Article |
E-Commerce, ICTs and Online Dispute Resolution: Is This the Beginning of a New Professional Profile? |
Journal | International Journal of Online Dispute Resolution, Issue 2 2015 |
Keywords | Mobile phones, ADR, ODR, mediation, conflict resolution |
Authors | Aura Esther Vilalta and Rosa Pérez Martell |
AbstractAuthor's information |
There is a close link between the growth of Internet usage, the development of mobile technology, the expansion of markets and the increasing number of online dispute resolution mechanisms (ODRs). This article seeks to start a conversation about the need to provide justice by means of effective mechanisms, in particular for e-commerce disputes and transnational litigation. It also provides some information on the recent international initiatives towards the regulation of this new arena, and concludes with an early approach to the future challenges and the impact on training, qualifications and expertise of ODR professionals and service providers. |
Article |
Transformation of Dispute Resolution in Africa |
Journal | International Journal of Online Dispute Resolution, Issue 1 2015 |
Keywords | Lagos Court of Arbitration, Mauritius International Arbitration Court, ODR in Africa, Commonwealth States, UNCITRAL Working Group on ODR |
Authors | Ijeoma Ononogbu |
AbstractAuthor's information |
Online Dispute Resolution ODR) is the new frontier in dispute resolution process. There has been an overwhelming positive expectation on the way ODR will work globally and Africa is likely to join the evolving dispute resolution concept. |
Article |
@ Face Value?Non-Verbal Communication and Trust Development in Online Video-Based Mediation |
Journal | International Journal of Online Dispute Resolution, Issue 2 2014 |
Keywords | trust, mediation, non-verbal communication, rapport, technology |
Authors | Noam Ebner and Jeff Thompson |
AbstractAuthor's information |
Mediation is a process wherein a third party, or mediator, attempts to assist two conflicting parties in dealing with their dispute. Research has identified party trust in the mediator as a key element required for mediator effectiveness. In online video-based mediation, the addition of technology to the mix poses both challenges and opportunities to the capacity of the mediator to build trust with the parties through non-verbal communication. While authors researching the field of online dispute resolution have often focused on trust, their work has typically targeted text-based processes. As online dispute resolution embraces video-based processes, non-verbal communication becomes more salient. Non-verbal communication research has identified examples of specific actions that can contribute to trust. This article combines that research with current scholarship on trust in mediation and on non-verbal communication in mediation to map out the landscape mediators face while seeking to build trust through non-verbal communication in online video-based mediation. Suggestions for future research and implications for practice are noted, holding relevance to researchers and practitioners in any field in which trust, non-verbal communication and technology converge. |