Find Mediators Near You:

The Emergence of ODR

Novo Justice Blog by Colin Rule

Darin Thompson on the IT Law Community web site:

“Shifting the Dispute Resolution Paradigm

The Commission’s proposal represents a bold statement on the need for an accessible, well-designed and integrated system for resolving consumer disputes in the EU. If implemented successfully, it could lead to significant new dispute resolution options and other trust building mechanisms for consumers and traders and, in turn, more consumer-driven economic activity across the EU’s single market.

For the ADR and ODR communities, it will almost certainly prove to be one of the bigger developments in recent years. It could also serve to precipitate a transformation of ADR from its process-reliant, principled model into a faster, simpler and more results-oriented variant specifically designed for low-value consumer transactions.

It will also provide a fertile testing ground for the theory that technology-facilitated ADR, commonly known as ODR, will become the next wave in dispute resolution. If any tensions should emerge between these (at times) divergent approaches, they will not last long given the pace of technology. As we continue to become more dependent on IT and the Internet for all things, including commerce, the development of technology-based dispute resolution processes is inevitable.

For consumers, increased access to ADR will also inevitably prove to be a benefit. For the EU, the proposal will bring ADR and ODR to consumers in the short term. It should also precipitate larger scale justice transformation towards non-court, technology supported and user-focused dispute-resolution processes in the long term. Indeed, technology is well placed to be the catalyst to bring about this badly needed transformation. If the Commission’s proposal stays on track, this change will now formally be under way in the EU.”

Here’s my favorite quote: “As we continue to become more dependent on IT and the Internet for all things, including commerce, the development of technology-based dispute resolution processes is inevitable.”

Thanks, Darin, for summarizing recent developments so well. I’m going to send this to a lot of people!

read more:
http://www.scl.org/site.aspx?i=ed23780

                        author

Colin Rule

Since 2020, Colin Rule is CEO of ODR.com, Inc. and Resourceful Internet Solutions, Inc., home of Mediate.com, MediateUniversity.com, Arbitrate.com and CaseloadManager.com.  From 2017 to 2020, Colin was Vice President for Online Dispute Resolution at Tyler Technologies. Tyler acquired Modria.com, an ODR provider that Colin co-founded, in 2017.  Previously, from 2003… MORE >

Featured Members

ad
View all

Read these next

Category

Is The Conflict Specialist A Leader?

Ran Kuttner - Parallel to the emergence of Alternative Dispute Resolution (ADR) as a field, in the last few decades there is a growing body of literature on “Leadership” as...

By Jeff Thompson
Category

The Case For Extended, Integrated Mediator Preparation

A few years ago, I and my Woodbury College faculty colleagues Susanne Terry and Alice Estey published an article on mediator training and preparation in ACResolution. Last week’s Cafe Mediate...

By Tammy Lenski
Category

Knowing our Neighbours – a Mediator’s Reflection

Kluwer Mediation BlogI am travelling back from a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution professionals. It...

By John Sturrock
×