We can classify online dispute resolution as the future of our justice services because of the incorporation of the justice courts in a relatively new virtual space. We can see here how quickly it sprouted when needed and how rapidly it innovated to suit the clients’ needs.
Online dispute resolution had been around for decades already. Despite this, the main concern about them is still being asked: can modern ODR produce outcomes comparable to traditional alternative dispute resolution methods?
Dispute resolution has been able to ride with the modernization of our lives. This modernization is manifested by having an online platform for them. With the advancement in online dispute resolution, we can now enjoy synchronous and asynchronous means of attending to dispute resolutions, all on an online platform. We get to enjoy the flexibility, efficiency, and mediation proceeding done virtually because of this dispute resolution innovation. Soon, online dispute resolution will continue to progress and be the future of an online justice system
Commercial transactions done over the internet have boomed for the past decades. This happened, of course, because of the increase in the advancements of the virtual world. The incorporation of our lives in the online world means that even the execution of the law comes along with it.
Even during the beginning of online dispute resolution as a platform for mediating e-commerce problems, it was very similar to how it is to its current state. The main difference would be the sheer number of available and high-quality ODR platforms functioning on the internet.
The mere fact that ODR was improved daily is because of its potential in the justice services system. Given the advantages of this platform, refining it can definitely give us a sound justice system eventually.
Technology and online dispute resolution are inseparable obviously because ODR functions online. To improve and continue to be the future of our justice services, it needs to adapt to the current technological advancements.
Disputes are bound to happen. It is only a matter of where and how we get to address them efficiently. Moreover, the resolution of these should be done as fast and accurately s possible.
Is Online Dispute Resolution Really the Future of Justice?
Necessity induces various innovations to push and breakthrough. We have seen this in many aspects of our lives. As we enter the ever-expanding age of the internet, it is expected that many new things will come up. And, we have to face these very soon. Of course, one of the necessities that arose along with the changing time is a need for a virtual dispute resolution platform.
The internet had been growing faster than our expectations. Because of this, disputes that arise from this innovation need a stadium. In other words, the conflicts that come from this platform need resolution on the same platform.
Online dispute resolution, or ODR, handles disputes on a virtual platform. This happens fully or partially online. There are instances where ODR needs to proceed to offline hearings for certain complex cases. Also, ODRs can proceed with either synchronous or asynchronous means. With ODR, a web-based information system helps mediate the conflict of the parties.
Disputes online are a result primarily of global commerce processes. With lots of transactions going on, there will surely be mishaps to address. Moreover, ODR can help ensure that buyers and sellers in the online platform are protected from illegal acts.
Legalities should also be well monitored, especially in the online world. This platform actually needs stricter monitoring because the internet can be a venue for various kinds of legal non-compliance.
Justice needs to have a place no matter what platform is present. ODR is a prime example of the justice system being available even on this new online platform.
ODR platforms were able to adapt to the future of commerce. Moreover, online dispute resolution was able to constitute systems where new communication methods can be used to solve disputes.
This is a manifestation of the law being able to adapt and ready to face our disputes’ future!
Adapting to the future is one thing, but being able to do it correctly, legally, and efficiently is another topic. As you will read through this article, you will see how much ODR was able to do all these properly.
How did Online Dispute Resolution Begin, and How can it Progress from There?
As you look around, the manifestation of the internet occupying most of our lives is very evident. Lots of information and communication processes can now traverse through the internet as a platform.
Online dispute resolution is a product of the internet. Since the internet revolutionized our lives, the implementation of the law also changed. Incorporating the internet into our daily lives has shown that our legal frameworks need to be changed to adapt to it.
To appreciate how ODR serves as our justice system’s future, let us first see how ODR began in the online world.
During the 1990s, online dispute resolution started its amateur stage. Here, electronic solutions and resolution makings are all in their trial period. Eventually, by the late 1990s, this rapidly improved. Some of the first commercial portals are now being established.
After the amateur phase of ODRs, the business phase began during the early 2000s. Because of the economic development during these years, more ODR platforms are being initiated and developed.
By 2001, the institutional phase of the development started. This means that ODR proceedings and techniques were incorporated in courts and authorities. This streamlined the ODR platform that we get to utilize today.
An example of one of the earliest online mediation platforms is CyberSettle. In 1998, this portal offered automated online mediation. This portal is praised for its functionality because it uses a special network to allow its users to take advantage of its different forms of data communication.
Moreover, CyberSettle allowed online negotiations of internet disputes. This begins with logging in and providing the basic information of the party. Then, this portal sends an invitation to the other party for participation in an out-of-court process. After the party accepts the invitation, offers will be collected by the portal, and the resolution will be on its way.
A lot of ODR platforms began with this straightforward framework. With the improvements on the internet as a whole, ODR is likewise improving along with it.
Online Dispute Resolution and Technology
In any alternative dispute resolution means, the need for a third party is still unchanged. This is because the third party mediates the parties involved so that they reach an agreement. With the onset of the internet, we are now provided with many communication forms to settle disputes on ODR platforms. We now have emails, messaging apps, or video conferences.
Because of technological advancements, we came up with two forms of ODR: online mediation and electronic arbitration. Online mediation is conducted with the use of text-based communication rather than teleconferences. Moreover, online mediation is the most popular form of ODR because of its flexibility. Parties can access this platform any time of the day. Furthermore, this form of ODR is more cost-efficient. There is no more need for a professional proxy, and documents are delivered quickly through emails or messaging.
In contrast, electronic arbitration is another essential form of ODR. This is less popular than online mediation due to various reasons. This involves more rules since this strictly adheres to the arbitration court rules.
What does Online Dispute Resolution have in Store for Us?
Now that we have seen how online dispute resolution progressed through technology and our future, what can we expect from it?
To recap, the most distinguishing feature of ODR is its virtual mediation and resolution of online disputes. Because of this, we can see the lack of personal contact during the proceedings. It must be ensured that clients can trust the tools and mediators incorporated in the ODR. Here is where the room for improvements is.
Online dispute resolution was able to give us justice courts in a new virtual space. Because of this, our justice services were still capable of adjusting. Even though our future expands along with the innovation in the online world, our justice system will constantly adapt to it.
Innovation will always occur no matter what happens. As long as we need something, someone will indeed invent something to achieve it.
Online dispute resolution platforms have their advantages. This is why we continue to use it today. However, there are also its limitations. As soon as we overcome these disadvantages and limitations, online dispute resolution will be very refined. Who knows, maybe the future of the justice service might be purely online eventually. Or it could be that the future of our justice system will mandatorily include an online procedure.