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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

    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.


Wendy Carlson
Juris Doctor Candidate, Mitchell Hamline School of Law.
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.


Diana Itzel Santana Galindo
LL.M. graduate in Comparative and International Dispute Resolution at Queen Mary University of London. Legal internship experiences at the Korean Commercial Arbitration Board (KCAB International), Beijing Arbitration Commission (BAC/BIAC), and the Hong Kong International Arbitration Centre (HKIAC).
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.


Fathudin Yazdani
Yazdani Fathudin completed his Post Graduation in Master of Science in Law (MSL) from The University of The Pacific McGeorge School of Law in 2020. He served as a legal advisor and assistant to the deputy minister ministry of interior in Afghanistan. Also, he worked as investigator and security associate in the United Nation Offices for Project Services (UNOPS) in Afghanistan.
Article

The Online Civil Money Claim

Litigation, 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.


Md Mahar Abbasy
PhD Candidate at the University of Leicester.
Article

Artificial Intelligence in the Courtroom

Increasing 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.


Analisa Morrison
Juris Doctor Candidate, 2021, University of the Pacific, McGeorge School of Law
Article

E-Measures

International 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.


Kendra Magraw
Kendra Magraw is a doctoral candidate in international law at the Graduate Institute of International and Development Studies in Geneva, Switzerland.
Article

‘Firewalls’ to Justice

Can 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.


Shirin Ghafary
Juris Doctor, McGeorge School of Law, University of the Pacific, Bachelor of Science, York University.
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.


Margaret M. Huck
Born and raised in southeastern Ohio, Margaret ventured to Columbus to study Psychology at The Ohio State University. She later graduated from The Ohio State University Moritz College of Law in May 2020 with a Certificate in Dispute Resolution. She is passionate about showcasing the benefits alternative dispute resolution can bring to litigants, particularly in the realm of family law.
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