ODR and Innovation in the United States

This is a Draft August 25, 2020; Edited Version is Amy J. Schmitz and Jan Martinez, ODR and Innovation in the United States, in ONLINE DISPUTE RESOLUTION: THEORY AND PRACTICE: A TREATISE ON TECHNOLOGY AND DISPUTE RESOLUTION (Wahab, Katsh and Eds., 2021).

University of Missouri School of Law Legal Studies Research Paper No. 2021-22

26 Pages Posted: 3 Sep 2021

See all articles by Amy J. Schmitz

Amy J. Schmitz

Ohio State University (OSU) - Michael E. Moritz College of Law; Cyberjustice Lab

Janet Martinez

Stanford Law School

Date Written: September 3, 2021

Abstract

Technology is revolutionizing the Alternative Dispute Resolution (ADR) field, especially in the wake of Covid-19. Despite the long-held assumptions that increasing understanding, building empathy, and crafting resolution are only possible in-person, effective ways have emerged for assisting the resolution of the exploding number of disputes that have burgeoned online. Technology has become the “fourth party” through the growing field of online dispute resolution (ODR), which includes use of technology and computer-mediated-communication (CMC) in negotiation, mediation, arbitration and other dispute resolution processes. ODR is infiltrating every area of dispute resolution, from courts (small claims, tax, landlord/tenant, family and more) to the block chain. Furthermore, innovation in the field continues to grow, as institutionalization expands in the U.S. legal tech market. Nonetheless, it is questionable whether this expansion has sufficiently considered sound and ethical dispute system design. This chapter in a new Treatise on ODR explores ODR’s recent development in the U.S., analyzes the providers that self-identified as providing “ODR” to the National Center for Technology and Dispute Resolution (NCTDR) in the U.S., and proposes closer attention to dispute system design. Moreover, the chapter invites further innovation and research in the ODR to advance access to justice.

Keywords: ODR, legal tech, innovation, e-commerce, online arbitration, online mediation, mediation, arbitration, Covid-19, dispute system design, online dispute resolution, civil procedure

Suggested Citation

Schmitz, Amy J. and Martinez, Janet, ODR and Innovation in the United States (September 3, 2021). This is a Draft August 25, 2020; Edited Version is Amy J. Schmitz and Jan Martinez, ODR and Innovation in the United States, in ONLINE DISPUTE RESOLUTION: THEORY AND PRACTICE: A TREATISE ON TECHNOLOGY AND DISPUTE RESOLUTION (Wahab, Katsh and Eds., 2021)., University of Missouri School of Law Legal Studies Research Paper No. 2021-22, Available at SSRN: https://ssrn.com/abstract=3916974

Amy J. Schmitz (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Cyberjustice Lab ( email )

Montreal
Canada

Janet Martinez

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
232
Abstract Views
586
rank
192,956
PlumX Metrics