Online Courts And Online Dispute Resolution

Question 1

What is ODR (online dispute resolution)

Answer 1

A contemporary method of using digital means, for example the internet, to resolve disputes without having to use litigation.

Question 2

Who released a report on ODR in 2015

Answer 2

Civil Justice Council

Question 3

What did the Civil Justice Council state about ODR in 2015

Answer 3

‘ODR is not science fiction … each year on eBay around 60 million disagreements amongst traders are resolved through ODR. This is well a established way of revolving disputes, appropriate for the internet age.’

Question 4

Where did the Courts and Tribunals Judiciary service panel take inspiration from?

Answer 4

The Canadian ODR system in British Colombia

Question 5

What did the head panel Proffessor Richard Susskind say? (The canadian ODR British Colombia guy)

Answer 5

‘This kind of technology will do two things. Firstly, it will increase access to justice because we believe more people will use the system.

• it will be cheaper, more convenient, less forbidding.
• And secondly … it will lower cost … to individual participants in disuputes and also the cost of the overall justice system.’

Question 6

What are the 3 tiers of ODR tier service?

Answer 6

• Tier 1: Online Evaluation
• Tier 2: Online Facillitation
• Tier 3: Online Judges

Question 7

What does online evaluation entail? (Tier 1)

Answer 7

• this is where users who think they jave a problem are guided
• as they become informed of their choices, it is believed this avoids legal problems in the first place
• before the problem becomes much more complex and the difficulty develops into a much more substantial problem.

Question 8

What does Online Facillitation entail? (Tier 2)

Answer 8

• trained and experienced online facillitators review papers and statements from parties
• they help through:
• mediating
• advising
• encouraging a negotiation
  Facillitating is a mix of ODR and EDR (early dispute resolution)
  HOWEVER, issues are non binding, but the outcome is accepted in many situations.
  Tier 2 = substantially lower fee than tier 3
• adjudicators work in Financial Ombudsmen and dispose of 90% of the service’s the workload, so that the 10% reaches ombudsmen.

Question 9

What do Online Judges do? (Tier 3)

Answer 9

• work part time or full time
• cases submitted electronically
• decisions with online judges enjoy the binding status of court
• court fee is lower than that of todays courts.