The International Council for Online Dispute Resolution (ICODR) Training and Education Committee has begun work on its primary mission: to develop, disseminate, and manage ODR training norms or standards that serve the community of ​trainers​, third parties​ and the ​primary parties​ whom they may serve, as well as the developers and platform providers who constitute the corps of ​fourth parties​ providing ICT platforms.

The Committee’s work will serve the ​trainers​ by establishing standards that ensure current, accurate, and applicable content for ODR training. The ICODR seal of approval will be the hallmark ODR trainers strive to meet and proudly display.

The Committee will be developing a process for training approval management to be handled by ICODR.

The Committee’s work will serve the community of ​third parties​ by assuring them that by taking ICODR approved training they are working to maintain competency and currency in the practice of ODR.

The Committee’s work will serve the ​primary parties​ by giving them a trusted means of determining the preparation and training of third parties they may use to assist in the resolution of disputes.

The Committee’s work will serve the​ fourth party​ community by establishing training standards that will give guidance to those developing and managing ODR platforms to ensure effective and ethical performance.

In pursuit and maintenance of its work, the ICODR Training and Education Committee is committed to engaging in an open and transparent process of discussion and development, including a full cross-section of the ODR community.

“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

We are pleased to announce the list of speakers and presenters for the 2019 International Online Dispute Resolution conference. This year’s conference will be held in Williamsburg, VA from October 28-30. It is being hosted by the National Center for State Courts and co-sponsored by the National Center for Technology and Dispute Resolution. In addition to many sessions on the use of ODR in the private sector, a major focus of the conference this year will be on ODR in the courts. We hope that you will be able to join us.

“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.