Online Dispute Resolution - AFCC Online Dispute...2 © Tyler Technologies 2018 What is ODR? Online...

© Tyler Technologies 2018

OnlineDispute

ResolutionExpanding Access to Justice

Sponsored by OurFamilyWizard.com


What is ODR?

Online Dispute

Resolution (ODR) is the

use of information and

communications

technology to help

disputants find resolution

to their disputes.


The Changing Environment for ADR

Society is Networking• Broadband internet• Mobile devices• Social networks• If you’re not online,

you’re at riskof increasing irrelevance

The Evolution of ADR• The line between ODR and

ADR is pretty fuzzy• Mediators are doing ODR now• Tech is changing every

industry• The pace of change is

accelerating


ODR was originally developed to meet the needs of eCommerce companies like eBay and PayPal.

ODR’s roots


Applying ODR Outside of eCommerce

Insurance

Product liability

Public disputes

Consumer disputes

E-commerceCourt disputes


United Kingdom: Her Majesty’s Online Court

British Columbia Civil Resolution Tribunal

eCommerce and online services

UNCITRAL Cross-border resolutions

Courts across the US are deploying ODR at an increasing rate

ODR is resolving millions of disputes around the world


• Franklin County, Ohio Small Claims

• Washtenaw County, Michigan Online Traffic Pleading

• Ottawa County, Michigan Family Court Compliance

• Utah Courts Small Claims

• New York State Unified Court System Consumer Debt

Link to Case Study detail prepared by the National Center for State Courts

ODR is gaining traction in the US courts

http://www.ncsc.org/~/media/Files/PDF/About Us/Committees/JTC/JTC Resource Bulletins/2017-12-18 ODR case studies final.ashx


ODR process

Diagnosis EvaluationMediationNegotiation


An online diagnosis guide for potential filers with the Ohio Board of Tax Appeals

• Set expectations around timing and process

• Compile the case file through online intake, applying relevant data and policies

• Deliver an automated resolution if appropriate

Modria: Diagnosis


An online negotiation room for resolving property tax disputes in Nashville, TN

• Communication, synchronous or asynchronous

• Upload relevant documentation

• Make, accept, or reject settlement offers

• Draft and accept agreement terms

Modria: Negotiation


• Conversations, caucus and joint

• Pick mediators by mutual agreement

• Consult a library of relevant solutions

• Track all issues to closure

Modria: Mediation


An expedited arbitration process for insurance claims in New York

• Automatic notificationsand case timelines

• Automated decision drafting and filing

• Integrated billing and account management

Modria: Evaluation


Court ODR workflow with Modria

Dispute?

Settlementreached?

File into Court

Hearing Court Decision

Settlement Agreement Filed into Case

Court Official Signs

• ODR does not eliminate any existing processes it is just another resolution option.

• ODR can be applied to any case type that has a disagreement between two parties.

© Tyler Technologies

2018 Clark County

Population

2,156,724

Ranking

12th largest county in U.S. by population

Courts

20 family courts

32 civil/criminal courts

More than 600 court employees


Overview of the Family Mediation Center

Staff

Equivalent of 11 full time mediators

Cases

~3,900 cases annually mediated

Time

Typically 21-28 days for first in-person

mediation appointment

Plans

Parenting plans include, custody,

vacation time, holidays, exchanges

Settlements

Average settlement rate of 71%


Contested child custody parenting plans

Family mediation center allows negotiation phase for free and still charges for the mediation phase during the pilot

Pilot currently with 3 family courts with remaining to be added periodically

Short timeframe of 3 calendar days for each party to engage

Mandatory mediation ordered by the judges for all child custody cases

Program implementation overview


Petitioner


Plaintiff/Petitioner


Respondent


Defendant/Respondent


Mediator


Customized outcome agreements based on selections

Agreements: Full agreements, partial agreements, or non-settlement agreements generated based on outcome

Signatures: Electronic signature component

Electronic filing: Integration with ECF 4.01 e-Filing systems


Reasons parties didn’t participate or didn’t complete online

27% 24% 22%17%

44%

15% 15%

34%

ODR tooconfusing

Not enough time High ConflictParties

Custody Issuestoo Complicated

No accessibledevice

Preferred toMediate in

Person

Never receivedemail

Other

Parties can select multiple reasons

Feedback is helping refine the pilot offering


Online Survey Responses

67%

11%

22%

Time Spent on ODR Process

Less than 2 Hours

Between 2 hours to 5 Hours

More than 5 Hours

44% 44% 44%

11% 11%

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

50%

Limited time away fromfamily

Limited time away fromwork

Saved Money Make it easier to reach anagreement without being

face to face with co-parent

Simplified Legal System

Benefits from the Users


“It is a great offering and effort put forth by Clark County. It is an economical tool for people who are willing to negotiate and compromise.”

Pamela J.


Differences with in person versus online mediation

• Establishing rapport• Strategy: help the parties make time to build connection

• Lack of non-verbals• Strategy: repeatedly do “temperature checks” with parties

• Misinterpreting silence• Strategy: encourage frequent short updates to minimize delays

• Keeping parties in the (online) room• Strategy: memorialize progress and set an optimistic, constructive tone

Online Dispute Resolution - AFCC Online Dispute...2 © Tyler Technologies 2018 What is ODR? Online...

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