By: Dr. Justin Wood, Th.d., CJME
What is Online Dispute Resolution - ODR
Online Dispute Resolution (ODR) is not a new concept but one that is gaining ground and traction throughout the world. Today, we handle most of our business and interactions via digital media or through digital devices, so, it is a clear evolution to handle our disputes through this same methodology.
ODR is a process of resolving complaints, disputes and even legal matters through the digital world without all the travel, parking, walking through crowded courthouses or being searched by ever pawing law enforcement for the smallest theoretical weapon.
By eliminating the three to six hours of your day waiting for a judge to listen to your case for the bewildering two and a half minutes before making a ruling and keeping matters between the disputing parties; has proven in various surveys to make for better rulings. Just look at eBay, Wal-Mart.com, Amazon, PayPal and the other large digital marketplace giants; they all use ODR, so, imagine having a dispute with eBay and having to travel to the small claims court in “whatever” state they wish to claim is headquarters. Not a pretty thought.
Who Can Benefit?
Anyone who has an email, access to the internet and a valid identification can benefit from this digitized dispute resolution process. People from all walks of life have turned to ODR for the clear benefit of having time to explain their case, not being rushed, because there are 100 cases behind them that day and not having to be a legal juggernaut or hire ever more expensive legal representation.
Many States (Virginia, Florida, California, etc.) are working on eCourt systems for their small claims process and have started many pilot programs throughout the United States. Europe and Asia have been using eCourt and ODR services for decades where this has expanded into the International Court, where businesses and people with limited resources have found it to be vastly superior.
Residents in rural areas and the disabled (physical and emotional) can find ODR as their superior choice for dispute resolution as their limitations are not a factor. When being shuffled into large courthouses the emotionally stressed get confused and on occasion aggravated, making them seem aggressive to judges. The physically restricted have difficulties navigating the tight quarters, limiting elevators and physical searches they must endure.
ODR is not bound to a certain state or district but is performed throughout the United State and abroad into most any county. There are no restrictions on where the ODR service or where the professional must reside. This allows you to pick the very best person to handle your situation.
How Does ODR Work?
Disputes handled online take various avenues and have multiple venues from mediation to arbitration and even conciliation or a complete encompassing claims resolution. This gives the parties options on how they want their dispute resolved. They can seek help and advice to find a solution or have a neutral mediator assist them in negotiating to an amicable conclusion or the parties may wish to have a final binding ruling eliminating the need to come to an agreement.
When you open an ODR case, you interact the same as purchasing a product online. You input your information and the responding party’s information, then proceed to checkout. Once this information is reviewed by the coordinator, you will be sent a link or login to input the rest of your case and claim. All parties do the same and the case is resolved by an ADR professional who is accustomed to the ODR format.
Pitfalls of ODR
Some companies, ADR professionals and attorneys are rushing to the ODR field leaving parties in the middle to figure out the system. This is the problem with the legal industry as it sees participants as parties not customers. PhloxADR has a different view, as we see them as customers needing a positive consumer experience.
Ethics is the next hurdle as there are factors that only exist in ODR. Some of these factors are: Maintaining privacy and confidentiality, proper identification, good faith representation and a quality process. When you jump into a market you have little training and almost zero understanding will definitely be a detriment to the consumer.
Lack of software functionality is the one that leaves most people hating the process. Again, legal and ADR professionals must have a level of computer intelligence above the average consumer. Without this knowledge, they fail to understand the complexity of the software, dangers of back-stream messaging and leave sessions open for hacking or recording.
What ADR Processes Can be ODR
Any ADR (Negotiation, Facilitation, Conciliation, Mediation or Arbitration) can be used in an ODR process from an experienced and qualified provider. The process works seamlessly when the proper techniques have been applied.
Depending on the provider, the software used should allow for both conference and caucus to provide for group and private conversations to facilitate the best possible ODR process. Another important feature should provide for private online conversations with party members and/or their advisers and legal counsel. This is all possible with the proper product and provider.
Best Options for Choosing an ODR Professional
When you are choosing who is best to perform your ODR service, do some research. Do they understand computer software and hardware, are they experienced with their platform, can they explain the process to you without having to get others involved?
Lastly and one I cannot stress enough. Does the ODR professional have current and reoccurring training? Ask for their list of training for the last year or what memberships they have which qualify their training. When they can neither provide that nor their certificates, they are not performing due diligence in their profession and performing a disservice to you.
Free Personal Conversation
We are here to help answer questions, explain anything and see what is right for you. We offer you a conversation, not a sales pitch via email, text, phone, Facebook Messenger, Skype or Video conference. This can be just you or include your spouse, other parties, etc., you tell us what is more comfortable.
