Mapping the Parameters of Online Dispute Resolution

Wing, L. 'Mapping the Parameters of Online Dispute Resolution.' International Journal of Online Dispute Resolution 9(1), 2022, 3-16.

14 Pages Posted: 29 Dec 2022

See all articles by Leah Wing

Leah Wing

Legal Studies Program, Department of Political Science, U. of Massachusetts Amherst; National Center for Technology and Dispute Resolution

Date Written: January 22, 2022

Abstract

The definition of online dispute resolution (ODR) has become increasingly contested, particularly fueled by the recent explosion in the use of technology during the pandemic by courts and alternative dispute resolution practitioners. The recent expansion of stakeholders has contributed productively to the on-going discussion of the parameters of ODR that have implications for ethical practice. Does the use of video conferencing constitute ODR? What new procedural and substantive justice concerns arise with the use of technology in dispute handling and how should they be addressed? Since technology not only alters the role of third parties and disputants but also serves as a fourth party, what are the ethical implications for example, of employing artificial intelligence? How can explorations of the boundaries of ODR foster a re-imaging of 21st Century justice systems?

This article explores the importance of the parameters of ODR for the ethical practice of dispute resolution and introduces a paper, Framing the Parameters of Online Dispute Resolution (National Center for Technology and Dispute Resolution, 2022) that offers a descriptive ODR Framework; one that encompasses the broad range of views on the boundaries of ODR along an axis of increasing reliance on technology through various functions and stages of dispute handling. The article discusses the implications of this ODR Framework for enhancing ethical guidance and regulation for whatever definition of ODR is utilized.

Keywords: ODR, ethics, online dispute resolution, alternative dispute resolution, technology, artificial intelligence

JEL Classification: K, K4, O3, O31, O33, Z18

Suggested Citation

Wing, Leah, Mapping the Parameters of Online Dispute Resolution (January 22, 2022). Wing, L. 'Mapping the Parameters of Online Dispute Resolution.' International Journal of Online Dispute Resolution 9(1), 2022, 3-16., Available at SSRN: https://ssrn.com/abstract=4307246

Leah Wing (Contact Author)

Legal Studies Program, Department of Political Science, U. of Massachusetts Amherst ( email )

Amherst, MA 01003
United States

National Center for Technology and Dispute Resolution ( email )

University of Massachusetts Amherst
Amherst, MA 01003
United States

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