Document Type
Article
Publication Title
New York Dispute Resolution Lawyer
Publication Date
2018
Volume
11(2)
First Page
7
Abstract
(Excerpt)
Lawyers, the menu of justice options available to resolve your clients’ legal disputes has now expanded to include online dispute resolution processes. Online dispute resolution (ODR) is an umbrella term that may be used to describe the use of technology to help expedite legal case management, replicate existing dispute resolution processes online, such as by utilizing video conferencing for arbitration and mediation (“replication ODR”); or to help streamline or even resolve legal claims through the use of algorithms (“algorithm ODR” or “algorithm- based ODR”). Even though ODR is fast becoming a regular part of legal practice, generally, and dispute resolution, specifically, many lawyers are ambivalent about this trend. Lawyers are beginning to recognize that a growing number of arbitrators and mediators are offering to conduct their processes online, and that this might offer convenience and expertise to their clients. However, lawyers are less sure about the merits of digital justice—the term used for those court initiatives that integrate algorithms into case management and decision systems, such as the one being considered in the New York courts. New York, following the lead of other court systems in the U.S. and around the world who are offering online dispute resolution processes to help resolve defined legal disputes, is planning to pilot an ODR program to settle small claims disputes.
Comments
Reprinted with permission from the New York State Bar Association.