Online dispute resolution has been posed as a way to further increase access to justice. This article explores the concept of using ODR to increase both ‘access’ and ‘justice’ within the dispute resolution system. The concept of increasing access to the dispute resolution system includes a wide variety of ideas: providing dynamic avenues into the legal process to better serve more people, particularly those with physical disabilities, increasing accessibility to low-income communities and ensuring the platform can be used by non-native English speakers. ODR provides the potential to greatly impact the court system by making the court process more efficient and accurate. While there is great value in integrating ODR into the dispute resolution system, the ODR system itself creates a variety of barriers. In order to effectively increase access to justice through ODR, the ODR system must be developed to maximize ‘accessibility’. The second prong to this discussion explores the concept of ‘justice’ within the context of ODR. Critics of ODR purport that the system values efficiency over justice. This article analyses the legitimacy of ODR as a judicial system through three key factors: representation of individual views, neutrality in decision-making, and trust. |
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Article |
Increasing Access to Justice through Online Dispute Resolution |
Journal | International Journal of Online Dispute Resolution, Issue 1 2020 |
Keywords | ODR, fairness, disability, accommodation, accessibility |
Authors | Wendy Carlson |
AbstractAuthor's information |
Article |
The Role of the Seat in Smart Contract Disputes |
Journal | International Journal of Online Dispute Resolution, Issue 1 2020 |
Keywords | smart contracts, international commercial arbitration, blockchain technology, online arbitration |
Authors | Diana Itzel Santana Galindo |
AbstractAuthor's information |
Over the past few decades, international commercial arbitration has experienced major developments in various fields. A major recent development that will spread widely in the years to come relates to technology and the necessity of international commercial arbitration to adapt to the new needs of the market. The path of technological development in commerce is determined by forces other than the needs of legal practitioners. Moreover, the lack of real connection to a sole place, in disputes where the multi-parties have not selected the seat, can create serious obstacles for the arbitral proceedings in blockchain technology disputes. In this regard, smart contracts, however, appear to have identifiable parties with an identified physical point of connection that ultimately can be adapted to the existing place of the arbitration theory within the international arbitration legal framework. |
Article |
Online Dispute Resolution in a Traditional Justice System |
Journal | International Journal of Online Dispute Resolution, Issue 1 2020 |
Keywords | ODR, traditional justice system, insecure areas, Afghanistan |
Authors | Fathudin Yazdani |
AbstractAuthor's information |
This article examines the applicability of Online Dispute Resolution (ODR) in Afghanistan. It evaluates whether ODR can resolve disputes in a traditional justice system, like Jirga, where the formal justice system is weak. This analysis questions whether ODR can complement the traditional jurisdiction system, where the public relies on customary practices to solve disputes. Further, the analysis focuses on the applicability of ODR in insecure areas, where access to formal judicial processes is limited. The findings from this study suggest the development of effective dispute resolution mechanisms in Afghanistan, mainly using ODR. |
Article |
The Online Civil Money ClaimLitigation, ADR and ODR in One Single Dispute Resolution Process |
Journal | International Journal of Online Dispute Resolution, Issue 1 2020 |
Keywords | ADR, pre-action protocols, civil procedure, online dispute resolution, mediation, civil justice, online civil money claim, online services |
Authors | Md Mahar Abbasy |
AbstractAuthor's information |
This article considers the recent reforms in English Civil Justice System, especially the new Online Civil Money Claim (OCMC). To make the UK courts easily accessible and affordable, Lord Justice Briggs in his Civil Courts Structure Review recommended for the introduction of an Online Solutions Court. This is a revolutionary step because it embeds alternative dispute resolution (ADR), in particular mediation, into the court system. This is very important because mediation emerged as an alternative to courts but has become an integral part of it. This study critically examines how mediation is being embedded into the English Civil Justice System and argues for a balanced relationship between litigation and mediation because they complement each other. This article is divided into four sections (a) Section 2 will discuss how the Online Court will impact the open justice; (b) Section 3 will provide an overview of the three stages of OCMC; (c) Section 4 will carry out a critical analysis of the OCMC; and (d) Section 5 will seek to put forward solutions and recommendations in light of the findings. |
Article |
Artificial Intelligence in the CourtroomIncreasing or Decreasing Access to Justice? |
Journal | International Journal of Online Dispute Resolution, Issue 1 2020 |
Keywords | artificial intelligence, robojudge, separation of powers, algorithm, due proces |
Authors | Analisa Morrison |
AbstractAuthor's information |
Jurisdictions around the world are experimenting with the use of artificially intelligent systems to help them adjudicate cases. With heavily overloaded dockets and cases that go on for years, many courts in the U.S. are eager to follow suit. However, American authorities should be slow to substitute human judges with automated entities. The uniqueness of the U.S. Constitution has demands that artificially intelligent “judges” may not be able to meet, starting with a machine’s lack of what may be called “true intelligence”. Philosopher John Searle wrote about the distinction between true intelligence and artificial intelligence in his famous “Chinese Room” analogy, which is applicable to the discussion of artificial intelligence in the courtroom. Former Navy Reserves officer, robotics engineer, and current patent lawyer Bob Lambrechts analyzed the idea of robots in court in his article, May It Please the Algorithm. Other scholars have started to explore it, too, but the idea of robots as judges remains a vast legal frontier that ought to be excavated thoroughly before it is inhabited by the American legal system. |
Article |
E-MeasuresInternational Arbitral Institutions’ Responses to COVID-19 |
Journal | International Journal of Online Dispute Resolution, Issue 1 2020 |
Keywords | international arbitration institutions, COVID-19, availability of e-filing, e-measures |
Authors | Kendra Magraw |
AbstractAuthor's information |
This article will briefly and non-exhaustively examine the emergency measures taken by some international arbitral institutions in response to the COVID-19 pandemic. Such emergency measures, as will be seen, were primarily and due to necessity geared towards moving arbitrations online. Section 1 briefly describes some reasons why the status quo prior to COVID-19 for certain arbitral institutions likely made it necessary to implement e-measures: in other words, it will provide examples of the types of constraints that may have previously prevented arbitral institutions from being more electronic/online. Section 2 broadly identifies the e-measures taken by arbitral institutions, and extracts some general trends therefrom. Finally, Section 3 will offer some brief conclusions and thoughts concerning the future of such e-measures. |
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 |
AbstractAuthor's information |
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 |
The Value of Online Dispute Resolution in Family Law |
Journal | International Journal of Online Dispute Resolution, Issue 1 2020 |
Keywords | online dispute resolution, family law, access to justice, domestic relations cases, online mediation |
Authors | Margaret M. Huck |
AbstractAuthor's information |
Online dispute resolution is an incredibly powerful tool for litigants, particularly in the area of family law. In the United States, courts with flooded dockets in both metropolitan and rural areas have employed various online systems and software programs to help parties better work through issues. While ODR can provide such benefits as a quicker and less expensive resolution, it also presents some concerns which need addressed by the legal community. For example, many who would otherwise benefit from ODR may struggle with access to the necessary technology, or could greatly benefit from advice on how to phrase opinions in a neutral manner, so as not to derail an emotionally charged discussion. Further, while a history of domestic violence among parties necessitates screening, it is possible that they may be able to utilize ODR if counsel is present. Finally, to promote candor and problem-solving among the parties, all ODR platforms should be as secure as possible. |
Article |
Smart Legal ContractsA Shift in Conflict Prevention and Dispute Resolution |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | smart contracts, blockchain, contracts, conflict prevention, ODR |
Authors | Aura Esther Vilalta Nicuesa |
AbstractAuthor's information |
This article is aimed at clarifying the legal implications of blockchain when applied to contracts and the impact of smart contracts in conflict prevention and dispute resolution. |
Article |
APEC Online Dispute Resolution Framework |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | APEC, ODR, e-Commerce, small business, dispute resolution |
Authors | Michael J. Dennis |
AbstractAuthor's information |
The Internet and communications technology are changing every aspect of our lives. Now ODR is set to revolutionize commercial dispute resolution across APEC with the adoption of a new ODR Collaborative Framework. In this article, we will look at the challenges APEC small businesses face today and how the APEC ODR Collaborative Framework provides a much-needed solution to improve justice and boost trade. |
Article |
Where Have All the Lawyers Gone?The Empty Chair at the ODR Justice Table |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | legal profession ODR, system design, courts, legal practice |
Authors | Noam Ebner and Elayne E. Greenberg |
AbstractAuthor's information |
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. |
Article |
Ethical Technology RiskHow to Identify What Is Reasonable Data Protection for ODR |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | ODR, security, data security, ethics, risk assessment |
Authors | Chris Draper and Angie Raymond |
AbstractAuthor's information |
This is a written representation of the presentation given on 29 October 2019, at 3:20 pm Eastern at the NCSC ODR2019 Summit held at the Colonial Williamsburg Lodge in Williamsburg, VA. |
Article |
Making Project Decisions VisibleOnline Dispute Resolution Project Design, Structured Decision-Making and Visual Information Tools |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | visual facilitation, cognitive overload, decision-framing, online dispute resolution project planning |
Authors | Sharon Sturges and Susanne van der Meer |
AbstractAuthor's information |
The authors presented on this topic during the International ODR Forum 2019 in Williamsburg, Virginia. The goal of this presentation was to share practices and ideas that have worked well in the design phase of an Online Dispute Resolution (ODR) pilot project for the State Courts of Colorado. |
Article |
What Does It Take to Bring Justice Online? |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | ODR, access to justice, courts, online justice, remedy for small disputes |
Authors | Mirèze Philippe |
AbstractAuthor's information |
Technology has revolutionized the world in the last century, although computation devices have existed for millennia and punched-card data processing for two centuries. After 70 years of progress in technology and telecommunications with all the knowledgeable computer specialists and the sophistication of online services, it is high time public and private justice offered fair access to a fundamental human right: justice online. The role of technology in dispute resolution is high on the agenda, and the topic is increasingly at the centre of discussions. In a world that is rapidly developing, it is surprising to observe that online dispute resolution (ODR) is lagging behind. |
Article |
ODR Best Practices for Court-Connected Programmes from Our Experiences with Court-Based ODR Design Processes |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | ODR best practices, court-connected programs, court-based ODR design processes |
Authors | Michelle Acosta, Heather Kulp, Stacey Marz e.a. |
AbstractAuthor's information |
As a judicial officer and court administrators tasked with creating and implementing online dispute resolution (ODR), we have found it both challenging and rewarding to operate at the nascent stage of this brave new world for courts. There is no standard set of best practices clearly tailored for this unique task. Instead, we draw on the wisdom of similarly situated programmes and standards to guide us. Specifically, we have consulted the National Standards for Court-Connected Mediation Programs, Resolution Systems Institute’s Guide to Program Success and the National Center for State Courts’ many articles on ODR. From these resources, and our own experiences, we recommend that court administrators charged with designing ODR systems consider several questions. |
Article |
Beyond the Singapore ConventionThe Importance of Creating a ‘Code of Disclosure’ to Make International Commercial Mediation Mainstream |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | Singapore Convention, mediation, expectations, enforcement, commerce, international |
Authors | Ana Maria Maia Goncalves, François Bogacz and Daniel Rainey |
AbstractAuthor's information |
On 6 August 2019, the Singapore Convention on Mediation was announced. The Convention parallels the New York Convention for arbitration by moving to legitimize mediation as a dispute resolution method for international commercial transactions. The Convention tries, in particular, to address the enforceability of mediation settlements by referring to the application of mediation ‘standards’ in Article 5 (e). Mediation standards have been a controversial topic in professional circles since the rise of mediation as an alternative dispute resolution process, because of the extreme diversity of mediation approaches across the world. We argue that all stakeholders in the mediation ecosystem should focus on creating a ‘Code of Disclosure’ as a complement to the Singapore Convention, that such a ‘Code of Disclosure’ may be the first step towards a future ‘Uniform Code of Conduct’, and that a code of disclosure will bring certainty to parties about the international commercial mediation process, which is a key prerequisite for its true adoption. |
Article |
Online Dispute Resolution in Traffic Courts and the Impact on Highway Safety |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | court ODR, Traffic, highway safety |
Authors | Stacey B. Manware |
AbstractAuthor's information |
Infractions are the most voluminous case type in most court locations. Through two initiatives funded by the National Highway Safety Administration, namely eCitation and On-line Disposition, the Connecticut Judicial Branch has been able to establish a comprehensive electronic citation and adjudication platform during a time of significant budgetary challenges. |
Article |
The EU Approach to Consumer ODR |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | consumer alternative/online dispute resolution, European Union, ODR Regulation 524/2013, ADR Directive 2013/11, ODR platform |
Authors | Emma van Gelder |
AbstractAuthor's information |
The EU internal market has undergone several developments in the past decades. One of the main developments is the inclusion of a digital dimension. One of the fields in which these developments are very evident is the consumer market. A further development of e-commerce is however hindered because there are no suitable redress mechanisms for consumers involved in low-value, high volume claims typically arising from e-commerce transactions. In response to the ills of existing redress mechanisms, an emerging trend of consumer alternative dispute resolution (ADR) and consumer online dispute resolution (ODR) schemes has been identified throughout the Member States (MS) aimed to offer consumers a swift, cheap and simple procedure through which they can enforce their rightsThis paper outlines the EU approach to Consumer ADR/ODR, gives some observations of the functioning of the legislation in practice and concludes with some thoughts for the future. |