Online Dispute Resolution (ODR)
What is ODR?
Court-related Online Dispute Resolution (ODR) is a public facing digital space in which parties can convene to resolve their dispute or case.
Three essential components differentiate court-related ODR from other forms of technology-supported dispute resolution:
The first is that the program operates exclusively online. In contrast to other court programs that provide an online interface with which to accomplish discrete tasks (e.g., e-filing, video hearings), ODR users do not otherwise interact with the court for traditional in-court procedures or events.
The second is that the program is explicitly designed to assist litigants in resolving their dispute or case, rather than a technology platform to support judicial or court staff decision-making. Dispute resolution inherently includes the potential to challenge the validity of claims or to raise affirmative defenses; court-related ODR is not merely a platform for defendants to negotiate a payment schedule to satisfy debts.
Third, the program is hosted or supported by the judicial branch. It is not a form of private ADR, but instead integrates and extends dispute resolution services offered by the judicial branch into digital space to serve citizens efficiently, effectively, transparently, and fairly.
This definition of court-related ODR can encompass a variety of methods and tools to assist in dispute resolution. It can provide dispute resolution services without necessarily filing a formal complaint. It can support a variety of decision-making aids including discovery exchange; direct party-to-party settlement negotiations; synchronous or asynchronous mediation support; and technology-supported adjudication. When litigants successfully resolve their dispute, the program can populate standard settlement agreement forms that can be automatically filed with the court, if needed to dispose the case. If the litigants are unsuccessful, the program can also provide a seamless entry to the court’s traditional dispute resolution by automatically populating and filing necessary court forms. The design and implementation of court-related ODR programs should not diminish due process or access to justice for program users.
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