Abstract

One type of programming designed to improve access to justice for civil litigants is online dispute resolution (ODR). ODR generally consists of an internet-based software platform on which litigants can resolve legal problems, including negotiating settlements or exchanging information to narrow the factual and legal issues in a formal court hearing. ODR programs were first developed by online commercial businesses such as PayPal, eBay, and Amazon to resolve disputes more effectively between buyers and sellers, but they are still a relatively new innovation in courts, with most programs launching within the past three years.

ODR programs are intended to increase access to justice, especially for self-represented litigants, while decreasing costs. They aim to achieve these goals by increasing convenience, case processing efficiency, and awareness of litigant options. Generally, litigants try to resolve their disputes on the ODR platform first, and those who are unable to do so divert back to the traditional in-court process. The term online dispute resolution encompasses a wide variety of programmatic features that often make it difficult to compare program effectiveness, either to traditional litigation processes or to other ODR programs. This report provides a brief summary of the history of ODR and describes the ways in which ODR programs vary from jurisdiction to jurisdiction.

This abstract has been taken from the authors' executive summary.

Document Type

Report

Publication Date

2021

Publication Information

National Center for State Courts (2021)

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