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ONLINE DISPUTE RESOLUTION - The promise of ODR - The promise of fairness

Q: So what can ODR do to guarantee due process and fair outcomes in the setting of courts? How can we create ODR system which can guarantee fairness?

Fairness is a complicated concept , given that it is a subjective one, so it is perceived differently to every person. However, research has identified 6 elements that contribute to find the fairness, which are accepted as objective guidelines for a fair justice system. Online procedures can be designed in such a way that they optimize the fairness of experience.

Q: What are the 6 elements that can contribute to a fair online ODR system?

Procedural justice is about voice and participation A well design intake of a proceeder provides a structure that ensures that people give all information that is needed Informational justice Respectful dialogue Neutral review of settlements Timely, effective outcomes

Q: What is meant by the element, A well design intake , to contribute to fairness?

A well design intake of a proceeder provides a structure that ensures that people give all the necessary information to the system. Furthermore, a helper or coach can be made available, by telephone, chat or in a meeting, clarifying questions and reassuring users about their input. Documents can be uploaded and made available to other participants. Judges or experts do not have to do the own intake with the parties —> they just can enter this interface and look at the material

Q: What is meant by the element, Informational justice , to contribute to fairness?

Informational justice : being able to provide information that people need when they need it. For each issue, the online procedure can provide a framework for the issues that typically arise

Q: What is meant by the element, Neutral review of settlements , to contribute to fairness?

Neutral review of settlements is easier in the ODR. The mediator talks privately with the tenant to confirm they have agreed and understood all the conditions. If there is a problem, the mediator will immediately call the landlord. Then a 3-way mediation telephone conference takes place to discuss just the issue that prevented the agreement from being confirmed and formalized.

Q: What is meant by the element, Timely, effective outcomes , to contribute to fairness?

Timely, effective outcomes : ODR can guarantee a much faster response than in offline procedures. This is an incentive for professionals working on the platform to deliver their contributions more quickly as well. The analysis suggests that online procedures can improve the probability of fair outcomes through timely, effective procedures, in which parties can have a voice and participate on an equal footing.

8 important questions on ONLINE DISPUTE RESOLUTION - The promise of ODR - The promise of fairness

So what can ODR do to guarantee due process and fair outcomes in the setting of courts? How can we create ODR system which can guarantee fairness?

Fairness is a complicated concept, given that it is a subjective one, so it is perceived differently to every person. However, research has identified 6 elements that contribute to find the fairness, which are accepted as objective guidelines for a fair justice system. Online procedures can be designed in such a way that they optimize the fairness of experience.

What are the 6 elements that can contribute to a fair online ODR system?

Procedural justice is about voice and participation
A well design intake of a proceeder provides a structure that ensures that people give all information that is needed
Informational justice
Respectful dialogue
Neutral review of settlements
Timely, effective outcomes

What is meant by the element, Procedural justice is about voice and participation, to contribute to fairness?

Procedural justice is about voice and participation. Well design online procedures can enable people to give their views. A diagnosis of the type of conflict can be the starting point. Questions can be asked about the emotion of the parties and about what worries them. Online procedure reduce stress, because there is no hurry: people can think, change their mind or refine their answers

What is meant by the element, A well design intake, to contribute to fairness?

A well design intake of a proceeder provides a structure that ensures that people give all the necessary information to the system. Furthermore, a helper or coach can be made available, by telephone, chat or in a meeting, clarifying questions and reassuring users about their input. Documents can be uploaded and made available to other participants. Judges or experts do not have to do the own intake with the parties —> they just can enter this interface and look at the material

What is meant by the element, Informational justice, to contribute to fairness?

Informational justice: being able to provide information that people need when they need it. For each issue, the online procedure can provide a framework for the issues that typically arise

What is meant by the element, Neutral review of settlements, to contribute to fairness?

Neutral review of settlements is easier in the ODR. The mediator talks privately with the tenant to confirm they have agreed and understood all the conditions. If there is a problem, the mediator will immediately call the landlord. Then a 3-way mediation telephone conference takes place to discuss just the issue that prevented the agreement from being confirmed and formalized.

What is meant by the element, Respectful dialogue, to contribute to fairness?

Respectful dialogue is most likely in an online procedure: people at home feel safer and more comfortable and once they feel heard, they are more likely to listen to the other party with respect, so it is easier to avoid escalation and conflicts between parties.

What is meant by the element, Timely, effective outcomes, to contribute to fairness?

Timely, effective outcomes: ODR can guarantee a much faster response than in offline procedures. This is an incentive for professionals working on the platform to deliver their contributions more quickly as well. The analysis suggests that online procedures can improve the probability of fair outcomes through timely, effective procedures, in which parties can have a voice and participate on an equal footing.

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Topics that are related to ONLINE DISPUTE RESOLUTION - The promise of ODR - The promise of fairness

ONLINE DISPUTE RESOLUTION

ONLINE DISPUTE RESOLUTION - The promise of ODR - The promise of fairness

8 important questions on ONLINE DISPUTE RESOLUTION - The promise of ODR - The promise of fairness

So what can ODR do to guarantee due process and fair outcomes in the setting of courts? How can we create ODR system which can guarantee fairness?

What are the 6 elements that can contribute to a fair online ODR system?

What is meant by the element, Procedural justice is about voice and participation, to contribute to fairness?

What is meant by the element, A well design intake, to contribute to fairness?

What is meant by the element, Informational justice, to contribute to fairness?

What is meant by the element, Neutral review of settlements, to contribute to fairness?

What is meant by the element, Respectful dialogue, to contribute to fairness?

What is meant by the element, Timely, effective outcomes, to contribute to fairness?

Topics that are related to ONLINE DISPUTE RESOLUTION - The promise of ODR - The promise of fairness

ONLINE DISPUTE RESOLUTION

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