ODR-Online dispute resolution and justice, in the post covid-19

• Author: Giovanni Matteucci
• Profession: JD, B&ED, Diploma in Economics, IAPMMHJMC, professional commercial mediator and trainer in mediation; advisor in small/medium firm financial crisis prevention
• Pages: 71-97

ROSA PÉREZ MARTELL (Coordinadora) LA TECNOLOGÍA Y LOS OBJETIVOS DE DESARROLLO SOSTENIBLE 71

ODR-ONLINE DISPUTE RESOLUTION AND

JUSTICE, IN THE POST COVID-19

Giovanni Matteucci

JD, B&ED, Diploma in Economics,

IAPMMHJMC, professional commercial mediator

and trainer in mediation; advisor in small/medium

f‌irm f‌inancial crisis prevention

INDEX: 1. Introduction. 2. A bit of history. 3. ODR and COVID-19 pandemic.

4. AI-Artif‌icial Intelligence and the future of ODR. 5. Mediation predictability. 6.

e.Justice. 7. Outlook. 8. Bibliography.

KEY WORDS: ADR, ODR, Mediation, COVID-19, Justice.

ABSTRACT: ODR-Online dispute resolution is the use of information and com-

munication technology to help people prevent and resolve disputes outside of

courts. The origins and development of ODRs are closely connected to digi-

tal technology, which has grown hugely since the late 1980s. Up to the mid

2010s ODR was mainly used by private professionals or ADR providers, mostly

in international commercial disputes. In the same time, legal practitioners and

governments began to think about an extensive use of technology, and ODR

techniques, in judicial proceedings. Even online courts. The pandemic outbreak

greatly increased the use of ODR. Over the years, many projects have been

carried out, still they are far from being complete and problem-free. Besides,

ODR and e.justice, even if they use the same technological tools, must be held

distinct.

GIOVANNI MATTEUCCI

ODR-ONLINE DISPUTE RESOLUTION AND JUSTICE, IN THE POST COVID-19

LA TECNOLOGÍA Y LOS OBJETIVOS DE DESARROLLO SOSTENIBLE ROSA PÉREZ MARTELL (Coordinadora)

72

1. INTRODUCTION

UNCITRAL: «In tandem with the sharp increase of online cross-border

transactions, there has been a need for mechanisms for resolving disputes which

arise from such transactions. One such mechanism is online dispute resolution

(«ODR»), which can assist the parties in resolving the dispute in a simple, fast,

f‌lexible and secure manner, without the need for physical presence at a meeting

or hearing. ODR encompasses a broad range of approaches and forms (includ-

ing but not limited to ombudsmen, complaints boards, negotiation, conciliation,

mediation, facilitated settlement, arbitration and others), and the potential for

hybrid processes comprising both online and off‌line elements. As such, ODR

represents signif‌icant opportunities for access to dispute resolution by buyers and

sellers concluding cross-border commercial transactions, both in developed and

developing countries»1.

This def‌inition of ODR by UNCITRAL was released in 2017. Is it

still valid after the COVID-19 pandemic insurgence of early 2020? The

pandemic outbreak greatly increased the use of ODR by mediators, arbi-

trators, dispute resolution providers, courts. Moreover, its development

will be inf‌luenced by artif‌icial intelligence, the use of blockchain and smart

contracts, the opportunities offered by the Singapore Convention on Me-

diation; it will also have to take into account the spread of mixed mode

ADR proceedings. Will disadvantaged groups be able to rely on ODRs as a

1 UNCITRAL, «Technical Notes on Online Dispute Resolution», New York 2017.https://

www.uncitral.org/pdf/english/texts/odr/V1700382_English_Technical_Notes_on_

ODR.pdf

Dave Orr and Colin Rule: «Online dispute resolution (ODR) is the use of information

and communication technology to help people prevent and resolve dispute … outside of

the courts»; in «Artif‌icial intelligence and the future of online dispute resolution» http://

www.newhandshake.org/SCU/ai.pdf

Leah Wing, «Online Dispute Resolution … any process or intervention used to handle

disputes that employ electronic communications and other information and communica-

tion technologies»; in «Ethical principles for Online Dispute Resolution», 2016. http://

odr.info/ethics-and-odr/