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<xTITLE>The Emergence of ODR</xTITLE>

The Emergence of ODR

by Colin Rule
December 2011

Novo Justice Blog by Colin Rule

Colin Rule

Darin Thompson on the IT Law Community web site:

“Shifting the Dispute Resolution Paradigm

The Commission’s proposal represents a bold statement on the need for an accessible, well-designed and integrated system for resolving consumer disputes in the EU. If implemented successfully, it could lead to significant new dispute resolution options and other trust building mechanisms for consumers and traders and, in turn, more consumer-driven economic activity across the EU’s single market.

For the ADR and ODR communities, it will almost certainly prove to be one of the bigger developments in recent years. It could also serve to precipitate a transformation of ADR from its process-reliant, principled model into a faster, simpler and more results-oriented variant specifically designed for low-value consumer transactions.

It will also provide a fertile testing ground for the theory that technology-facilitated ADR, commonly known as ODR, will become the next wave in dispute resolution. If any tensions should emerge between these (at times) divergent approaches, they will not last long given the pace of technology. As we continue to become more dependent on IT and the Internet for all things, including commerce, the development of technology-based dispute resolution processes is inevitable.

For consumers, increased access to ADR will also inevitably prove to be a benefit. For the EU, the proposal will bring ADR and ODR to consumers in the short term. It should also precipitate larger scale justice transformation towards non-court, technology supported and user-focused dispute-resolution processes in the long term. Indeed, technology is well placed to be the catalyst to bring about this badly needed transformation. If the Commission’s proposal stays on track, this change will now formally be under way in the EU.”

Here’s my favorite quote: “As we continue to become more dependent on IT and the Internet for all things, including commerce, the development of technology-based dispute resolution processes is inevitable.”

Thanks, Darin, for summarizing recent developments so well. I’m going to send this to a lot of people!

read more: http://www.scl.org/site.aspx?i=ed23780



Biography


Colin Rule is CEO of Mediate.com.  From 2017 to 2020 Colin was Vice President for Online Dispute Resolution at Tyler Technologies. Tyler acquired Modria.com, an ODR provider Colin co-founded, in 2017. From 2003 to 2011 Colin was Director of Online Dispute Resolution for eBay and PayPal.  Colin co-founded Online Resolution, one of the first online dispute resolution (ODR) providers, in 1999 and served as its CEO and President.  Colin worked for several years with the National Institute for Dispute Resolution (now ACR) in Washington, D.C. and the Consensus Building Institute in Cambridge, MA.

Colin is the author of Online Dispute Resolution for Business, published by Jossey-Bass in September 2002, and co-author of The New Handshake: Online Dispute Resolution and the Future of Consumer Protection, published by the ABA in 2017. He received the first Frank Sander Award for Innovation in ADR from the American Bar Association in 2020, and the Mary Parker Follett Award from the Association for Conflict Resolution in 2013. He holds a Master’s degree from Harvard University’s Kennedy School of Government in conflict resolution and technology, a graduate certificate in dispute resolution from UMass-Boston, a B.A. from Haverford College, and he served as a Peace Corps volunteer in Eritrea from 1995-1997.  You can read many of his articles and see some of his talks at colinrule.com/writing.



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