The Past, Present, and Future of Online Dispute Resolution

2021 ◽  
Author(s):  
Orna Rabinovich-Einy
Keyword(s):  
Dispute Resolution ◽  
Access To Justice ◽  
Court System ◽  
Current Application ◽  
Online Systems ◽  
Form And Function ◽  
Online Dispute Resolution ◽  
And Function ◽  
Ongoing Evaluation ◽  
Careful Design

Abstract This article chronicles the evolution of the field of online dispute resolution from its inception in the mid-1990s to its current application in and outside the court system. While originally ODR played a modest role in the limited domain of e-commerce, over the years its application has expanded significantly, as have its form and function: from processes that have sought to replicate online equivalents to ones that reimagine the design of procedures to better fit party needs and to address the justice system’s longstanding problems. The article predicts that the future of ODR lies in increased automation, which includes artificial intelligence and various forms of structured negotiation, and, consequently, a reduced role for human third parties. This will require a rethinking of the ways in which access to justice, procedural justice and substantive justice can be realized. The key for realizing the values and goals of the justice system lies in the careful design and ongoing evaluation of online systems, activities that have themselves been transformed by technology and the availability of big data.

Prospects of an online dispute resolution framework for Islamic Banks in Malaysia

2017 ◽  
Vol 25 (1) ◽  
pp. 39-55 ◽  
Author(s):  
Umar A. Oseni ◽  
Sodiq O. Omoola
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Internet Banking ◽  
Internet Survey ◽  
Islamic Banking ◽  
Financial Services Industry ◽  
Access To Justice ◽  
Content Type ◽  
Online Dispute Resolution ◽  
Services Industry

Purpose This study aims to examine the prospects of using an online dispute resolution (ODR) platform for resolving relevant Islamic banking disputes in the usual banker–customer relationship in Malaysia. It is argued that through proper regulation, such innovative dispute management mechanism would not only address some legal risks associated with banking disputes but could also prevent reputational risks in the Islamic financial services industry. Design/methodology/approach Based on an internet survey, responses were obtained from about 109 respondents in Malaysia. The data obtained were subjected to multivariate statistical analyses considering factors such as access to justice, attitude of stakeholders, resolving disputes, practical issues and understanding of ODR. Findings The results obtained showed that “access to justice”, “attitude of stakeholders” and “resolving disputes” are the most influencing factors affecting the intention to use ODR among stakeholders, particularly customers and bankers in the Islamic financial services industry in Malaysia. Practical implications This study provides a way in which the recently introduced Islamic Financial Services (Financial Ombudsman Scheme) Regulations 2015 can be better enhanced to cater for internet banking disputes which might require an ODR framework. Originality/value Though there have been numerous studies on the dispute resolution framework in the Islamic banking industry in Malaysia generally, the current study focuses on a less explored framework – ODR– a new framework for handling banking disputes.

scholarly journals Online courts and Online Dispute Resolution in terms of the international standard of access to justice: international experience

2020 ◽  
pp. 62-79
Author(s):  
Тетяна Андріївна Цувіна
Keyword(s):  
Dispute Resolution ◽  
Access To Justice ◽  
Electronic Systems ◽  
International Standard ◽  
Online Dispute Resolution ◽  
The Third ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
Different Types ◽  
Recent Developments

The article is devoted to the analysis of the problem issues of the Online Dispute Resolution (ODR) through the prism of international standard of access to justice in civil matters. The first part of the article refers to terminological inconsistency, which is connected with using of three synonyms refering to IT-technologies in the area of civil justice, in particular cyberjustice, digital justice and e-justice. The author proposes to use term “e-justice”, which involves e-filing, electronic systems of assignment of cases, e-case-management, eDiscovery, ODR, electronic systems of court practice, using of Artificial Intelligence in civil proceedings. In the second part of the article the narrow and wide approach to the ODR are described. According to narrow approach ODR is described as online ADR. Wide approach to ODR includes online ADR as well as online courts. Today wide approach is more valid taking into account recent developments in the field of online courts in foreign countries. The third part of the article describes different types of online courts, in particular, online Civil Resolution Tribunal (British Columbia, Canada), Online Solutions Court (Great Britain) etc. The author analyzes current innovations in the structure of online courts, connected with integration of information systems and online ADR into the online courts platforms. Special attention is paid to the use of Artificial Legal Intelligence in courts with references to advantages and challenges of such innovations.

Digitalization and administrative justice: An access to justice perspective

2021 ◽  
Author(s):  
Lorne Sossin ◽  
Darin Thompson
Keyword(s):  
Holistic Approach ◽  
Digital Age ◽  
Access To Justice ◽  
Legal Services ◽  
Digital Architecture ◽  
Online Dispute Resolution ◽  
The Subject ◽  
The Impact ◽  
Careful Design ◽  
Administrative Justice

This chapter examines the impact of digitalization on access to justice and administrative justice. It discusses the significant potential of digitalization to enhance access to justice as well as the accompanying risks, and argues for a more contextualized approach to the subject. It advocates for a focus on user needs as well as design and administrative justice architecture. The chapter concludes that the relationships between digitalization and access to justice must not be over-simplified. Increased reliance on technology is often thought to increase access to justice based on assumptions that digital legal services will be less expensive and easier to use. Poorly designed digital interfaces and processes, however, can add unnecessary complexity to simple justice transactions. Perspectives on digitalization and access should recognize the nuance of this evolving landscape. The chapter sketches out a more holistic approach to access to justice in a digital age that places considerable emphasis on the importance of design with an intention to benefit administrative justice users. The analysis is divided into five sections. The first section examines key frameworks and perspectives on access to administrative justice in the digital age. The second section considers the ‘digital divide’ and the importance of careful design. The third section considers the impact of digital access to various forms of legal supports. The fourth section reviews the digital architecture of administrative justice specifically. Finally, the fifth section explores online dispute resolution in administrative justice and its potential for enhancing access to justice.

scholarly journals Streamlining Justice: How Online Courts Can Resolve the Challenges of Pro Se Litigation

2018 ◽  
Author(s):  
Ayelet Sela
Keyword(s):  
Public Policy ◽  
Dispute Resolution ◽  
Justice System ◽  
Policy Design ◽  
Empirical Test ◽  
Access To Justice ◽  
Technological Properties ◽  
Online Dispute Resolution ◽  
Efficient Access ◽  
Procedural Reform

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 2 , Article 3. The tide of pro se litigation in the American justice system imposes significant constraints on self-represented litigants’ (SRLs) access to justice and courts’ ability to administer justice. Mitigating the challenges requires a systemic institutional and procedural reform. Advancing this approach, the Article proposes that online courts would alleviate many of the challenges associated with pro se litigation, and puts this proposition to an empirical test. To that end, the Article analyzes the challenges experienced by SRLs and courts and models the procedural and technological properties that would promote SRLs’ “day in court” as well as courts’ provision of fair and efficient access to justice. Based on the analysis and on a review of successful implementations of judicial online dispute resolution (JODR) systems, the Article proposes a detailed policy design framework for a JODR system for pro se litigation. Finally, the Article reports and discusses the results of an experiment evaluating the effect of the proposed framework on SRLs’ procedural justice experiences.

Consumer “Access to Justice” in EU in Low-Value Cross-Border Disputes and the Role of Online Dispute Resolution

2017 ◽  
pp. 191-208
Author(s):  
Inmaculada Barral-Viñals
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Consumer Contract ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Consumer Access ◽  
The Eu

This paper examines consumer access to justice in the EU by analysing how Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) can improve this access, especially in the case of low-value cross-border disputes, which constitute the majority of consumer contract complaints. The discussion is based on a widened concept of open justice that not only seeks to provide greater transparency, but also greater participation and collaboration as a means to improve consumer access to justice. The approach deals with the subjective and objective obstacles to accessing justice and the role of participatory justice. Finally, the paper examines the decisions taken by the EU in its attempt to foster both ADRs and ODRs for consumer disputes and determines which obstacles have been eliminated in promoting access to justice.

Encouragement of mediation in England and Wales has been futile: is there now a role for online dispute resolution in settling low-value claims?

2020 ◽  
Vol 16 (2) ◽  
pp. 181-196
Author(s):  
Sue Prince
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Digital Transformation ◽  
Access To Justice ◽  
England And Wales ◽  
Online Dispute Resolution ◽  
The Core ◽  
Current Reform ◽  
Improve Access ◽  
Real Chance

AbstractIn England and Wales, the judiciary, Her Majesty's Courts and Tribunal Services (HMCTS) and the Ministry of Justice (MoJ) have embarked on an ambitious reform whose aims are to radically transform and restructure court services and introduce digital justice for the overall purpose of improving access to justice in relation to the resolution of disputes. The reality in the courts of England and Wales is that the current reform means automation of processes. Digital transformation offers a real chance to improve access to justice particularly for low-value claims where a simplified process is more proportionate to the value of the dispute. This paper argues therefore that, for everyday low-value civil disputes, alternative dispute resolution (ADR) processes should be at the core of any design. In addition, fashioning new means to deliver access to justice should not just be about increasing government efficiency, but also about using technology to design and create innovative, new, agile and ‘user-centric’ pathways.

scholarly journals Civil courts and COVID-19: Challenges and opportunities in Australia

2020 ◽  
Vol 45 (3) ◽  
pp. 195-201
Author(s):  
Joe McIntyre ◽  
Anna Olijnyk ◽  
Kieran Pender
Keyword(s):  
Dispute Resolution ◽  
Access To Justice ◽  
Digital Space ◽  
Online Dispute Resolution ◽  
Challenges And Opportunities ◽  
Technological Limitations ◽  
Civil Courts

This article provides an overview of the response of Australian courts to the COVID-19 crisis, and critically examines a number of structures and systemic issues that arise from the shift to the online deliver of justice. It places the current responses in the context of the emerging literature regarding online dispute resolution, and draws upon that literature to consider issues including open justice, symbolism and ‘court architecture’ in the digital space, technological limitations, access to justice and issues of systemic bias. It argues that by examining these issues, the present crisis will help map opportunities for future reform.

scholarly journals The evolution of alternative dispute resolution and online dispute resolution in the European Un

CES Derecho ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 3-17
Author(s):  
Shamaise Peters
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Consumer Trust ◽  
Access To Justice ◽  
The European Union ◽  
Online Dispute Resolution ◽  
The United Kingdom ◽  
Resolution System ◽  
Dispute Resolution System ◽  
The Eu

The evolution of Online Dispute Resolution (ODR) as an augmentation from Alternative Dispute Resolution (ADR) may lead to an authentic paradigm shift in the way disputes are handled beyond the traditional court systems. To assess state of the art and convey awareness, this paper explores the regulatory landscape of the European Union (EU) using the United Kingdom and Estonia to illustrate the key advancements and shortcomings of the supranational strategy. It discusses the relationships between ADR capabilities and its productive use in ODR, the ODR deployment and adoption, and the consequences that may arise if dispute resolution technologies leapfrog. The paper also speaks of automation and suggests the need to build integrative models into Artificial Intelligence (AI) - powered ODR platforms. It is apparent that the early challenges in the development of the ADR culture in the EU are still unresolved, affecting the proper integration of ADR principles and ODR technologies. A more effective coupling could be expected to smooth digital trade interactions by increasing access to justice and consumer trust in the redress capacities of the Dispute Resolution System (DRS) as a whole. 

scholarly journals Changing perspectives in Legal Education: competence-based learning and the possibilities to improve access to justice via mediation skills

2015 ◽  
Vol 2 (2) ◽  
pp. 253
Author(s):  
Loussia P. Musse Felix ◽  
André Gomma de Azevedo
Keyword(s):  
Dispute Resolution ◽  
Legal Education ◽  
Major Change ◽  
Formal Training ◽  
Access To Justice ◽  
Court System ◽  
New Professionals ◽  
Law Schools ◽  
The University ◽  
Improve Access

As one of the major Brazilian Law Schools, the University of Brasilia School of Law is at the forefront of a competence-based dispute resolution programme to be used in legal education and within the Brazilian Court system. Changes in Legal Education around the world obviate the need to integrate theoretical and practical perspectives at all levels in the formal training of new professionals in the field of Law. The University of Brasilia School of Law has participated in Tuning Latin America since 2006 and has recently adopted a Curriculum that embraces competence-based learning as part of a major change geared to bringing social, cultural and political effectiveness into the teaching of Law. This paper outlines the challenges facing the adoption of collaborative approaches to dispute resolution in the legal arena and the meta-competences and competences it entails.

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