Moving from Offline to Online Practice

The Evolution of ODR

The environment for alternative dispute resolution (ADR) is changing and evolving

The internet is pervasive

Society is networking

Broadband internetMobile devicesSocial networksIf you’re not online, you risk of increasing irrelevance

Online dispute resolution (ODR) is the use of information and communications technology to help

disputants find resolution to their disputes

Online dispute resolution (ODR) is “a public-facing digital space in which parties can convene to

resolve their dispute or case.”- National Center for State Courts

The evolution of ADR

The line between ODR and ADR is pretty fuzzyMediators are doing ODR nowTech is changing every industryWe have to meet our parties where they are

ODR’s roots

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

eBay ODR resolutions

• 60+ million disputes per year

• 50% resolved amicably

• 90% resolved in software, with no human intervention

Extrajudicial process, with 100% private enforcement of outcomes

Scaling ODR

The legal system doesn’t work over the internet• Online cases are low value and cross-border• Enforcement is too complex• Users demand fast, one-click resolutions

ODR works the way the internet works• No need to resolve issues of jurisdiction• Redress is built directly into contracts• Can be automated through software

The Need for ODR

Applying ODR outside of eCommerce

Insurance Product liability

Consumer disputes E-commerce

Court disputes Public disputes

UNCITRAL ODR Working Group

United Kingdom Civil Justice Commission: Her Majesty’s Online Court

British Columbia Civil Tribunal

EU ODR Regulation

Chinese and Singaporean courts

Global cross-border small claims consumer resolution processes

ODR is quickly expanding around the world

ODR is gaining traction in the US courts

• British Columbia Civil Resolution Tribunal (Province-wide)• Clark County Family Court (Las Vegas, NV)• Franklin County Small Claims (Columbus, Ohio)• Fulton County Small Claims (Atlanta, GA)• Ohio Court of Claims (Statewide)• Ottawa County Family Court (Grand Rapids, Michigan)• Travis County Small Claims (Austin, TX)• Utah Courts Small Claims (Statewide)• Tlaxcala Supreme Court (Mexico)• Cleveland Municipal Court (Cleveland, OH)• Franklin County Municipal Court (Franklin County, OH)• Hartford and New Haven Connecticut• Orange County Small Claims• New Mexico Courts• Yolo County Courts, CaliforniaLink to Case Study detail prepared by the National Center for State Courts

• Smart Contracts• Blockchain• Machine learning• Algorithmic

resolutions• Fourth party

What’s Next

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