Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes
Oladeji Tiamiyu, Clinical Fellow at Harvard Law School and Host of Convergence, a podcast exploring the intersection of technology and dispute resolution, has published a timely article titled, “The Impending Battle for the Soul of ODR: Evolving Technologies and Ethical Factors Influencing the Field,” 23. Cardozo J. Conflict Resol. 21 (forthcoming). In his journal article, Mr. Tiamiyu examines potential ethical considerations related to emerging online dispute resolution technologies.
Here is the abstract:
Legal professionals and disputants are increasingly recognizing the value of online dispute resolution. While the coronavirus pandemic forced many to resolve disputes exclusively online, potentially resulting in long-term changed preferences for different stakeholders, the pre-pandemic trend has involved a dramatic increase in technological tools that can be used for resolving disputes, particularly with facilitative technologies, artificial intelligence, and blockchains. Though this has the added benefit of increasing optionality in the dispute resolution process, these novel technologies come with their own limitations and also raise challenging ethical considerations for how ODR should be designed and implemented. In considering whether the pandemic’s tectonic shifts will have a permanent impact, this piece has important implications for the future of the legal profession, as greater reliance on ODR technologies may change what it means to be a judge, lawyer, and disputant. The impending battle for the soul of ODR raises important considerations for fairness, access to justice, and effective dispute resolution — principles that will continue to be ever-present in the field.
Originally published here on the Kluwer blog, republished with permission from author. A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientiations including a facilitative-evaluative dimension. ...By John Lande
This article describes a private reflective exercise that may be helpful in assessing your current state of readiness to mediate your divorce. Agreement readiness is a key concept in mediation. ...By Georgia Daniels