ONLINE DISPUTE RESOLUTION - The paradigm shift in the administration justice

5 important questions on ONLINE DISPUTE RESOLUTION - The paradigm shift in the administration justice

What is your perception of the current justice system?

When we think about the justice system, we have in mind mostly the bad aspects than the good ones. Courts are proud, ambitious and essential organizations.
They hold people to account and resolve conflicts, in accordance with the rule of law. The fact is that:
  • their procedures are too complex and often not fit for purpose; 
  • the process of legal claims, accusations, defences and judgments leads to many procedural side-issues, enhances conflicts instead of mitigating them and is not always solving the underlying problem;
  • procedures do not guarantee that solutions arrive in time, and managing costs is difficult. 

Can online dispute resolution provide a breakthrough, or will it remain just another form of ADR, much talked about as a great method for managing conflict, but operating at the fringes of the legal system?

ODR is promising. It seems to be able to help standardize, simplify and humanize legal procedures, empowering people seeking access to justice to negotiate, mediate and submit any unresolved issues to courts. The user experience can become that of a fully integrated justice journey. Well-designed ODR can support high quality, fair and effective negotiated outcomes for the 50-70% of disputants that now tend to settle cases in an often quick and dirty way to avoid further litigation. Thanks to this, Courts can fully focus on the most difficult cases.

Could ODR supervise the negotiation process?

ODR can also supervise the negotiation process in order to guarantee fairness and to prevent abuse of power. One of the most important aspects is that, organizing information online can greatly facilitate all (legal) professionals working on a case, streamlining their interventions into a more seamless process, and avoiding misunderstandings.
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Could ODR lower the necessary fees?

Another positive aspect is that the structured ODR process can be costed and priced in such a way that most litigants can afford the necessary fees.

What are some of the positive aspects of ODR?

  • More adequate solutions
  • Arriving just in time
  • Less risk of escalation
  • More voice and participation
  • More control over costs

ODR systems also enable cooperation between Courts from different jurisdictions, and sharing experiences and costs of developments can greatly enhance the quality of adjudication services.
The processes for treatment of frequent and urgent justiciable problems can be brought to a level of international best practices, benefiting from a much broader range of trial and error experiences in different contexts.

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