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Article

Comments and Content from Virtual International Online Dispute Resolution Forum

1-2 March 2021, Hosted by the National Center for Technology and Dispute Resolution (NCTDR)

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Authors David Allen Larson, Noam Ebner, Jan Martinez e.a.
Abstract

    For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations:

    • David Allen Larson – ODR Accessibility

    • Noam Ebner – Human Touch

    • Jan Martinez & Amy Schmitz – ODR and Innovation

    • Frank Fowlie – Online Sport Dispute Resolution

    • Larry Bridgesmith – AI Introductory Notes

    • Julie Sobowale – AI and Systemic Bias

    • Clare Fowler – DEODRISE

    • Michael Wolf – ODR 2.0 System Design

    • Chris Draper – Algorithmic ODR

    • Zbynek Loebl – Open ODR


David Allen Larson

Noam Ebner

Jan Martinez

Amy Schmitz

Frank Fowlie

Larry Bridgesmith

Julie Sobowale

Clare Fowler

Michael Wolf

Chris Draper

Zbynek Loebl
Article

Design Approaches for Optimal ODR

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords ODR, system design, participatory design
Authors Anne Thompson
AbstractAuthor's information

    Using a participatory design approach supports initiatives seeking to advance access to justice, whether they be policy, service or solution-oriented. A participatory design approach can be used effectively irrespective of whether your perspective towards access to justice is as a court employee, a private practitioner (attorney, mediator), a legal aid or human service agency professional, an academic or a technologist.


Anne Thompson
Principal Consultant, Thompson Finn.
Article

Access_open World Justice Forum VI

Insights and Takeaways

Journal International Journal of Online Dispute Resolution, Issue 1 2019
Keywords World Justice Forum, World Justice Project, World Justice Report, online dispute resolution, technology, access to justice, Justice Layer of the Internet
Authors Jeffrey Aresty and Larry Bridgesmith
AbstractAuthor's information

    In May 2019, the World Justice Project (WJP) convened its sixth annual conference to explore the state of access to justice (A2J) in the global context. World Justice Forum VI met in The Hague and published the most recent A2J report compiled after a year of analysis and based on more than a decade of public, government and citizen data. Measuring the Justice Gap revealed less than optimistic data reflecting the lack of significant progress toward fulfilling the United Nations Sustainable Development Goal 16: achieving just, peaceful and inclusive societies by 2030. The 2019 conference showcased many global initiatives seeking to narrow the justice gap. For the most part these initiatives rely on institutional action by governments, financial institutions and NGO’s. As important as these projects are, transforming the access to justice status of the world can also be achieved through actions focused on Justice at the Layer of the Internet. A consensus based governance model can build a legal framework which is not reliant on the enactment of laws, the promulgation of regulations or overcoming the inertia of institutional inaction. This article reviews the learning gleaned from the WJP and the 2019 Forum. It also seeks to augment the great work of the WJP by exploring the potential for justice as delivered by individuals joined in consensus and relying on emerging technologies.


Jeffrey Aresty
Jeff Aresty is an international business and e-commerce lawyer with 35 years of experience in international cyberlaw technology transfer. He is the Founder and President of the InternetBar.Org.

Larry Bridgesmith
Larry Bridgesmith J.D., is CEO of LegalAlignment LLC, a practicing lawyer in Nashville, Tennessee, and Professor of Law at Vanderbilt University and coordinator of its programme on law and innovation.
Part II Private Justice

Using Technology and ADR Methods to Enhance Access to Justice

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords ODR, ADR, mediation, online court, e-court, consumer ADR, CADR, CDR, ombudsman
Authors Pablo Cortes
AbstractAuthor's information

    This article discusses how technology and extrajudicial processes can provide a solution to the access-to-justice problem for self-represented litigants. The article first observes the need for efficient dispute resolution processes based on a wider concept of access to justice and argues for greater integration amongst courts and extrajudicial bodies, especially in the consumer sphere where dispute resolution bodies are currently undergoing an institutionalization process as a result of recent EU legislation. Accordingly, it is argued that access to justice for consumers will only be achieved if they have access to either an accountable and effective extrajudicial scheme that offers adjudication or a truly user-friendly and accessible online court that incorporates alternative dispute resolution techniques as the United Kingdom has endeavoured to deliver. To that end, this article examines the policy options for the English Online Court with a particular focus on the challenges faced by litigants in person. Finally, this article submits that dispute system design changes need to be informed by empirical research and a holistic policy strategy on dispute resolution.


Pablo Cortes
Pablo Cortes is Professor of Civil Justice, Leicester Law School, University of Leicester.
Part I Courts and ODR

Ethical Concerns in Court-Connected Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords court ODR, fourth party, ethics, access to justice, confidentiality, transparency, informed participation, accessibility, accountability, empowerment, trust
Authors Dorcas Quek Anderson
AbstractAuthor's information

    This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in private ODR, because of the association of the courts with substantive and procedural justice. As in any dispute resolution system, a coherent and effective court ODR system should be guided by dispute system design principles, which includes having clarity of the system’s underlying values and purposes. It is therefore pertinent for each court to resolve the key ethical tensions in order to articulate the foundational values that will undergird the design of its ODR system.


Dorcas Quek Anderson
Dorcas Quek Anderson is an Assistant Professor in the Singapore Management University School of Law. This research is supported by the National Research Foundation, Prime Minister’s Office, Singapore (NRF), and the Infocomm Media Development Authority (IMDA) under a grant to the Singapore Management University School of Law to helm a 5-year Research Program on the Governance of Artificial Intelligence and Data Use.
Part II Private Justice

Making ODR Human

Using Human-Centred Design for ODR Product Development

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords online dispute resolution, courts and tribunals, human-centred design, legal tech, legal design, user testing, user-centred design, machine learning, alternative dispute resolution, product development
Authors Luke Thomas, Sarah Kaur and Simon Goodrich
AbstractAuthor's information

    This article discusses what we as human-centred design practitioners have learnt from researching and designing online dispute resolution (ODR) products both for clients and as part of our internal research and development initiatives.


Luke Thomas
Luke Thomas is Design Strategist/Legal Researcher at Portable.

Sarah Kaur
Sarah Kaur is Chief Operating Officer at Portable.

Simon Goodrich
Simon Goodrich is Managing Director at Portable.
Article

Disintegration of the State Monopoly on Dispute Resolution

How Should We Perceive State Sovereignty in the ODR Era?

Journal International Journal of Online Dispute Resolution, Issue 2 2014
Keywords online dispute resolution, sovereignty, justification
Authors Riikka Koulu LLM
AbstractAuthor's information

    The interests of state sovereignty are preserved in conflict management through adoption of a state monopoly for dispute resolution as the descriptive and constitutive concept of the resolution system. State monopoly refers to the state’s exclusive right to decide on the resolution of legal conflicts on its own soil, in other words, in the state’s territorial jurisdiction. This also forms the basis of international procedural law. This conceptual fiction is derived from the social contract theories of Hobbes and Locke, and it preserves the state’s agenda. However, such a monopoly is disintegrating in the Internet era because it fails to provide an effective resolution method for Internet disputes in cross-border cases, and, consequently, online dispute resolution has gained ground in the dispute resolution market. It raises the question of whether we should discard the state monopoly as the focal concept of dispute resolution and whether we should open a wider discussion on possible justificatory constructions of dispute resolution, i.e. sovereignty, contract and quality standards, as a whole, re-evaluating the underlying structure of procedural law.


Riikka Koulu LLM
Riikka Koulu, LLM, trained on the bench, is currently a doctoral candidate in procedural law at the University of Helsinki, Finland.
Article

Access_open Digital Justice

Reshaping Boundaries in an Online Dispute Resolution Environment

Journal International Journal of Online Dispute Resolution, Issue 1 2014
Keywords ADR, ODR, DSD, digital technology, boundaries, dispute prevention
Authors Orna Rabinovich-Einy and Ethan Katsh
AbstractAuthor's information

    Digital technology is transforming the landscape of dispute resolution: it is generating an ever growing number of disputes and at the same time is challenging the effectiveness and reach of traditional dispute resolution avenues. While technology has been a disruptive force in the field, it also holds a promise for an improved dispute resolution landscape, one that is based on fewer physical, conceptual, psychological and professional boundaries, while enjoying a higher degree of transparency, participation and change. This promise remains to be realized as the underlying assumptions and logic of the field of dispute resolution have remained as they were since the last quarter of the 20th century, failing to reflect the future direction dispute resolution mechanisms can be expected to follow, as can be learned from the growth of online dispute resolution. This article explores the logic of boundaries that has shaped the traditional dispute resolution landscape, as well as the challenges such logic is facing with the spread of online dispute resolution.


Orna Rabinovich-Einy
Orna Rabinovich-Einy is Senior Lecturer, University of Haifa School of Law. Fellow, National Center for Technology and Dispute Resolution. For advice and suggestions we appreciate the guidance received from participants in the Cardozo Works in Progress conference in November 2013 and the Copenhagen Business School – Haifa Law Faculty Colloquium.

Ethan Katsh
Ethan Katsh is Director, National Center for Technology and Dispute Resolution and Professor Emeritus of Legal Studies, University of Massachusetts at Amherst. This article has benefited from research supported by National Science Foundation award #0968536, ‘The Fourth Party: Improving Computer-Mediated Deliberation through Cognitive, Social and Emotional Support’, <www.nsf.gov/awardsearch/showAward?AWD_ID=0968536>.
Article

Access_open ‘Boxing’ Choices for Better Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1 2014
Keywords dispute resolution, decision support, interactive visualization, collaborative deliberation, choice-making
Authors Marc Lauritsen
AbstractAuthor's information

    Choosing among alternatives that vary in multiple ways you care about is one of the most fundamental mental activities, and one that is part of nearly all forms of cognition. Decisional processes often primarily involve balancing competing considerations. When multiple parties with conflicting interests are present, strategic interactions add to the complexity. This article explores opportunities for interactive visualizations in support of such processes, using as background a current software project that is developing systems for collaborative deliberation about choices.


Marc Lauritsen
President of Capstone Practice Systems, Legal Systematics, and All About Choice. The author has served as a poverty lawyer, directed the clinical program at Harvard Law School, and done path-breaking work on document drafting and decision support systems. He is a fellow of the College of Law Practice Management and co-chairs the American Bar Association’s eLawyering Task Force.
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