FOR CYBERWEEK 2020, CLICK HERE!

Thank you for a wonderful Cyberweek!
We had a great time pulling it together. We’re already making plans for 2020. Make sure to click on the agenda to watch the sessions
you missed on youtube.

“Leah Wing and I and the National Center for Technology and Dispute Resolution are most grateful to Colin and others who organized this year’s Cyberweek. The first Cyberweek was in 1998. To those of you who enjoyed the week’s activities, please follow ODR.INFO and join ICODR. It is clear that the future we imagined in 1998 is largely here. We look forward to an even more ambitious Cyberweek next year. For those of you who can, please attend ODR2020 in Dublin in May 2020.” – Ethan Katsh

Congratulations to Luca Dal Pubel from San Diego University — he was the top performer in the Grand re-Opening of the International eNegotiation Exhibition. He passed all the written exams with flying colors and demonstrated his mastery of Smartsettle ONE in the practicum (the contest) having achieved a score of 90. Congrats, Luca!

Note: the Agenda has youtube links so you can replay sessions you missed

Thank you to Cyberweek 2019 Supporters! (Click for the full list)

(To visit the Spanish Cyberweek, which is happening concurrently, just visit
http://odrlatinoamerica.com/esp-cyberweek-topics/)

Great data set from the Franklin County, Ohio Court ODR project presented at odr2019.org — check it out here.

From the presentation:

“Income and race have historically served as predictors for case dispositions. Positive dispositions are associated with high income and low minority rates while low income and high minority rates are associated with negative case dispositions. The 2015 NCSC State of State Courts Poll highlights the issue and the public desire for courts to develop innovative, technology-based solutions that promote dispute resolution options.

The purpose of the FCMC Data Project is to demonstrate the value of court-connected alternative dispute resolution, promote transparency, and provide a resource for anyone interested in court-connected mediation and online dispute resolution as an access to justice initiative.

Project analyses are defendant-focused. Project data, including party information and case dispositions, are static as of September 2019. Project data were manually collected and entered and subject to human error. In accordance with Ohio law, some data were not collected…

Low-to-middle income defendants in the non-ODR tax sample set experienced a lower percentage of dismissals than upper income and out-of-county defendants, whose income levels exceed low-to-middle income defendants. Similarly, higher minority percentage defendants experienced a lower percentage of dismissals.

ODR tax participants experienced both a higher rate of dismissals and a relatively equal percentage of dismissals across income groups. The average dollar amount at issue in the CDIT ODR dataset was $1,041.51. Low, middle, and upper income defendants had nearly identical dismissal percentages. Similarly, minority percentages increased without negative case dispositions.

A significant percentage of ODR participants accessed the portal outside of traditional business hours (8 am to 5 pm)…

The CDIT ODR portal achieved its three primary goals:

1. The Default judgment rate for CDIT cases reduced by 10%.
2. More than one-third of CDIT defendants accessed court services outside of business hours.
3. Dismissals now outpace default judgments in CDIT cases.”

Learn more at
https://sites.google.com/view/fcmcdataproject/about

“LANSING, MI, August 7, 2019 – The Michigan Supreme Court today announced the availability of MI-Resolve, an online service that provides an efficient and affordable way of resolving disputes that are typically filed as small claims, general civil, or landlord-tenant cases in the district court. Initially available in 17 counties, the online service is one of the first of its kind in the nation.

“Making court services more accessible means opening both real and virtual courtroom doors,” said Chief Justice Bridget M. McCormack. “With the help of groundbreaking services such as MI-Resolve, Michigan is a national leader in boosting access to justice online.”

Through MI-Resolve, parties can resolve their disputes online with or without the help of a trained neutral person, known as a mediator. The mediator works to help parties identify a solution to a dispute that best works for them; the system walks the parties through the steps to reach a resolution. The new online service is a game changer because people who are busy with work or children can benefit from mediation on their own schedule. Individuals do not need to have a case filed in court to use MI-Resolve, but if they do have a case pending in court, they can still use this service to try to reach a settlement before a hearing or trial date. Currently, there is no fee to use MI-Resolve.

Michigan’s pilot project is expected to expand statewide in the near future.”

To learn more, visit
https://courts.michigan.gov/News-Events/press_releases/Documents/Statewide%20Media%20Release%20ODR.pdf

“The Research Group Law Enforcement of the Faculty of Law is seeking to fill a full-time (100%) vacancy for a

Doctoral Grant by the University Research Fund (BOF) in the area of Alternative Dispute Settlement – Procedural justice in online dispute resolution: an empirical enquiry

Relying on the existing practices, the project aims to explore the ways to ensure procedural justice in three most common ODR processes presently, namely online negotiation, mediation and arbitration. The project will follow a multi-method methodology and will combine doctrinal analysis with empirical research.”

To learn more, visit the job listing on AcademicPositions.com

(h/t Frank)

Nikkei Newspaper July 7, 2019

https://www.nikkei.com/article/DGXMZO47060740W9A700C1MM8000/

Article summary:

“The government will set up a system to resolve civil disputes such as divorces and traffic accidents on the Internet. Consider introducing next-generation legal services that utilize artificial intelligence (AI). In Europe and the United States, it is widely used as a means to solve it quickly and at low cost, but Japan’s legal infrastructure is based on paper procedures and IT (information technology) has been delayed. A public-private expert conference will be organized this summer as well, and the basic policy will be compiled in 2019.”

Excerpt from the Google Translate of the body of the article: “The Japanese version of ODR (Online Dispute Resolution), which the government will consider introducing, will carry out various tasks such as accepting problems, exchanging claims, exchanging evidence, etc. on the Internet. Once ODR is realized, you will be able to go online after returning home or at lunchtime. There is no need to go to a court {…} and the time and cost until resolution can be reduced.”

(h/t Mayu)

The new ODR program in the New Mexico courts was featured on a local television program yesterday. Judge Jane Levy did a great job laying out online dispute resolution and explaining its benefits to citizens. From the write up on the Living Local New Mexico web site:

“The New Mexico Judiciary is committed to advancing Judicial excellence by protecting the rights of all New Mexicans, resolving legal Disputes, and ensuring justice for all.

One of its initiatives is online dispute resolution. Through online dispute resolution, New Mexicans can save time and money by negotiating to settle debt or money due in lawsuits at their convenience through confidential exchanges at home, a business or any location with internet access, using a smartphone, computer or mobile device.”

Watch the segment by clicking here.

Amy J. Schmitz, Professor at the University of Missouri School of Law, has a new article in the Buffalo Law Review entitled “Expanding Access to Remedies through E-Court Initiatives” with a lot of great detail on court ODR initiatives. Here’s the abstract:

Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public courts have continued to insist on traditional face-to-face procedures. Nonetheless, e-courts and public ODR pilots are developing throughout the world in particular contexts such as small claims and property tax disputes, and are demonstrating how technology can be used to further efficiency and expand access to the courts. Accordingly, this Article explores these e-court initiatives with a critical eye for ensuring fairness, due process, and transparency, as well as efficiency, in public dispute resolution.

Read the full piece at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol67/iss1/3

Recommended Citation:
Amy J. Schmitz, Expanding Access to Remedies through E-Court Initiatives, 67 Buff. L. Rev. 89 (2019).

From the SRLN (Self-Represented Legal Network) Brief, available as an open Google Doc:

“Long-embraced in the business community, Online Dispute Resolution (ODR) is now gaining momentum in justice systems around the world.  According to a list provided by the National Center for Technology and Dispute Resolution (NCTDR), there are more than 80 ODR providers operating around the world.  Here in the United States, implementation of court-based ODR is occurring in both statewide and local jurisdictions.

With this brief, the Self-Represented Litigation Network (SRLN) offers a curated list of resources that we hope will both establish the reader’s foundational understanding of ODR, as well as spark ideas about the potential impact of court-based ODR for the self-represented. This document is not intended to raise or explore the many issues that might arise when a court adopts ODR, such as managing the often inherent power imbalance between the parties, obtaining a knowing and voluntary waiver of legal rights, ensuring the parties fully understand collateral consequences, or how to fold ODR into other self-help services in the courts. This is solely a list of foundational resources. Because court-based ODR is a rapidly-evolving field, we will update this brief as additional resources become available. Please recommend additional resources by e-mailing info@srln.org.”

Check out the brief (and contribute resources) here.

“Those involved with the development and use of online dispute resolution platforms see opportunities for the systems that extend well past divorces and small claims court.”

Zack Quaintance, GovTech.com, March 20, 2019 — an excerpt:

“Across the country, a system called online dispute resolution (ODR) is taking hold within municipal and county court systems.

ODR is helping individuals resolve legal troubles without having to set foot in the courtroom. So far, it’s being used in small claims court — settling arguments between neighbors over fences, or helping with debt collection issues, among other things — as well in some divorce cases.

The concept behind it is simple: A back and forth online negotiation replaces the need to appear in court, easing the load for overburdened court systems while helping residents get equitable access to justice. This removes the need to take time off work, hire a lawyer or physically spend time in a government building.”

Also:

“Slagle, Gillespie and the panelists at SXSW all agreed that the future for ODR in America’s court system is a bright one, envisioning a time when it will be standard throughout the country.”

Read more here.

“APEC Embraces ODR”

Great article on LinkedIn from Mike Dennis, who many of you know from his work leading the US delegation to the UNCITRAL ODR Working Group.  From the piece:

“Last week, I served as an ODR adviser to the APEC Economic Committee at the APEC Senior Officials Meeting (SOM 1) in Santiago, Chile.[iii]The Committee endorsed a pilot for a Collaborative Framework for Online Dispute Resolution of Business-to-Business (B2B) disputes involving micro-, small-, and medium-sized enterprises (MSMEs).

APEC will partner with platform hosts and ODR providers, including regional arbitration and mediation centres, that comply with APEC’s ODR Collaborative Framework and Procedural Rules.

In turn, the Economic Committee will promote partnering ODR providers on its web page and encourage MSMEs to resolve low-value dispute using accredited ODR providers. This is excellent news for small businesses across the APEC region, most of which lack a viable solution for their disputes at present.”

Also:

“The time is now to create an APEC ODR legal framework that benefits businesses and individuals across the region.

ODR e-justice is an essential component of economic growth. Use of ODR promises MSMEs access to commercial justice, with tailored procedures that bring down costs, delays and burdens in proportion to the economic value at stake. It makes transactions more efficient, reduces risk and boosts small business competitivity by lowering costs for both buyers and sellers.

The APEC ODR Framework will therefore reduce barriers to entry into international trade, help create markets where none exist, establish trust between business partners, and promote a culture of contract-based relationships. It will benefit the millions of small businesses who have no access to effective dispute remedies. It will help the most vulnerable MSMEs, such as women-led businesses, compete and flourish in the global supply chain.

ODR is the cornerstone for the next global justice system in APEC. Because small businesses employ the majority of workers in the private sector, APEC ODR will help build the capacity for economic growth in APEC economies based on trade not aid. ”

Read more here.