Mapping the Parameters of Online Dispute Resolution

Abstract

The definition of online dispute resolution (ODR) has become increasingly contested, particularly fueled by the recent explosion in the use of technology during the pandemic by courts and alternative dispute resolution practitioners. The recent expansion of stakeholders has contributed productively to the on-going discussion of the parameters of ODR that have implications for ethical practice. Does the use of video conferencing constitute ODR? What new procedural and substantive justice concerns arise with the use of technology in dispute handling and how should they be addressed? Since technology not only alters the role of third parties and disputants but also serves as a fourth party, what are the ethical implications for example, of employing artificial intelligence? How can explorations of the boundaries of ODR foster a re-imaging of 21st Century justice systems?This article explores the importance of the parameters of ODR for the ethical practice of dispute resolution and introduces a paper, Framing the Parameters of Online Dispute Resolution (National Center for Technology and Dispute Resolution, 2022) that offers a descriptive ODR Framework; one that encompasses the broad range of views on the boundaries of ODR along an axis of increasing reliance on technology through various functions and stages of dispute handling. The article discusses the implications of this ODR Framework for enhancing ethical guidance and regulation for whatever definition of ODR is utilized.

The use of technology in dispute resolution; A framework for the study of ODR

“…In particular, doubts arise regarding the function and degree of involvement of technology necessary to label certain dispute resolution processes as ODR (Wing, Draper, 2022). This uncertainty stems from the fact that there is no well-established definition of ODR nor is there uniformity of views in ODR literature regarding the distinctive features of ODR.…”

“…In light of this, some commentators prefer to classify dispute resolution processes based on the functions performed by ICT in relation to any human party involved (Hörnle, 2003). Whereas the spectrum of ADR processes is constructed around the presence and function of the third party, processes that rely on ICT fall on a human-technology continuum (Wing, 2021, p. 53;Wing, 2022).…”

Everything You Always Wanted to Know About Law (But Were Afraid to Ask

“…In light of this, some commentators prefer to classify dispute resolution processes based on the functions performed by ICT in relation to any human party involved (Hörnle, 2003). Whereas the spectrum of ADR processes is constructed around the presence and function of the third party, processes that rely on ICT fall on a human-technology continuum (Wing, 2021, p. 53;Wing, 2022).…”

“…This technology allows for generalized surveillance of traffic 35 on networks with software that acts as a filter (Abiteboul, 2015). "Behavioural parameters, keyword parameters" (Roussel, 2016, p. 520) and other pre-determined criteria permit "automated processing" 36 to detect activities presenting a terrorist threat.…”