insightful comments. Conflict disclosure: Prescott is a cofounder and has an equity interest in Court Innovations Inc., a company that develops and implements online dispute-resolution systems, including Matterhorn, which the Article discusses and evaluates.
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.
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.
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