Online Arbitration Protocols

Abstract

Arbitration has been moving online for some time, especially with the growth of Online Dispute Resolution (“ODR”), which includes using technology to assist online negotiation, mediation, arbitration, and variations thereof. Online Arbitration (“OArb”) is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act (“FAA”) and other arbitration laws. Indeed, I have written about OArb on prior occasions, due to its unique status. However, OArb was relatively limited until the COVID-19 pandemic sparked its acceleration. It became the norm while in-person gatherings halted and courts closed, or severely limited the cases they could hear. Furthermore, most opine that OArb is here to stay due to its convenience and cost savings. The following is a chart that Mizzou Law student, Claire Mendes, and I put together noting main takeaways from a number of institutional OArb protocols. Although I identified most of the documents to be reviewed, Claire did the heavy lifting in putting the information into this chart. Thank you to Claire!

Keywords: ODR, OArb, online arbitration, arbitration, Covid-19, online dispute resolution, civil procedure