ODR Accessibility for Persons with Disabilities: We Must Do Better
Online Dispute Resolution: Theory and Practice (2nd ed. Eleven International Publishers, Fall 2020 Forthcoming)
27 Pages Posted: 2 Jun 2020 Last revised: 20 Jun 2020
Date Written: May 30, 2020
Court systems, government agencies, private businesses, mediators, and arbitrators are feeling tremendous pressure to provide online dispute resolution (ODR) systems because of the COVID-19 pandemic. As they rush to design and implement ODR systems, however, it is critical that everyone makes digital accessibility a priority. Because many aspects of our lives may remain online for the long term, it is important that persons with disabilities are not excluded from our “new normal” version of life. Effective access to dispute resolution processes is one part of life that must remain accessible to persons with disabilities. We cannot dismiss these features as mere details that can be added later. It is more efficient to include accessibility features when an online platform is first being designed and constructed. And more importantly, if the plan is simply to add those design features later, sometimes “later” never arrives. This chapter discusses best practices for ODR accessibility, relevant law, and organizations that can help achieve this goal.
Keywords: ODR, online dispute resolution, disability, ADA, discrimination, website, ADR, alternative dispute resolution, courts, mediation, arbitration, accessibility, access, justice, marketing, WAVE, WCAG, W3C, TRS, PDF/UA, deaf, blind, impairment, Title III, accommodation, fairness, AAA, JAMS, CRPD
JEL Classification: Z18, O15, O30, O31, O32, O33, O35, O38, M10, M14, M15, M38, L20, L50, L86, K20, K22, K32, K40, K41
Suggested Citation: Suggested Citation