Evolution and Emerging Issues in Consumer Online Dispute Resolution (ODR)
Ohio State Legal Studies Research Paper No. 714
An edited and updated version will be published in The Cambridge Handbook on Emerging Issues at the Intersection of Commercial Law and Technology (Nancy Kim ed., 2022)
18 Pages Posted: 29 Jun 2022 Last revised: 13 Jan 2023
Date Written: June 27, 2022
Abstract
Recent years have seen new technologies disrupt many established industries and institutions, continually testing our imaginations and expectations. Accordingly, it is no surprise that technology is disrupting the law. Moreover, the Covid-19 pandemic generated new disputes and a need for expanded access to online means for resolving those disputes, especially for consumers. As a result, lawyers, judges, software developers, and policymakers have been exploring ways to utilize technology in expanding access to the courts and dispute resolution. With this in mind, scholars and policymakers have argued for “online dispute resolution” (ODR) to expand access to justice (A2J). This chapter discusses evolution of ODR in recent years, as well as emerging issues in ODR that deserve attention in order to craft ODR that lives up to the promise in advancing A2J.
Keywords: ODR, ADR, online dispute resolution, legal tech, legal technology, dispute resolution, A2J, access to justice, empirical research, alternative dispute resolution, courts, legal education
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