Online technology offers exciting opportunities for dispute resolution, not only to conquer time and space constraints but also to achieve settlements that are both fair and efficient. Technical challenges to overcome include neutrality provision, problem representation, preference elicitation, effective communication, and automation. Existing Online Dispute Resolution systems are taking a wide variety of approaches to meet these challenges.
As Frank Fowlie put it, "the possibilities are endless" - and, they're green.
He was talking to The Lawyers Weekly about Online Dispute Resolution or ODR, a subject that's been much on his mind lately.
This paper sketches out the evolution of alternative dispute resolution (ADR) mediums online (ODR). The author traces the history of the different ODR projects which have come and gone over the years, from the Online Ombuds Office's (OOO) eBay mediation platform in 1999, to SquareTrade.com, ICANN regulations, Cybersettle and Clicknsettle, etc. He then predicts what will happen to ODR in the coming years. The digital environment is fast becoming a « fourth party » to discussions and, is used properly, can support mediators and arbiters in managing information and communications. Furthermore, the medium's qualities, such as the possibility to use images, graphics, blueprints, etc., will have to be exploited by new ODR platforms if they want to cross over to fields previously reserved to more traditional ADR forums such as those involving government agencies.