Online Dispute Resolution:
Dispute Systems Design
in Cyberspace
Company confidential. © Copyright 2015 Modria.com, Inc.
“[W]hat, then, is this law business about? It is about the fact that
our society is honeycombed with disputes. Disputes actual and
potential, disputes to be settled and disputes to be prevented... This
doing something about disputes, this doing of it reasonably, is the
business of law.”
• Karl N. Llewellyn, The Bramble Bush
(Oxford University Press, USA, 191pp.) April 2008, originally published 1930.
What is ODR?
Online Dispute Resolution (ODR)
is the use of information and communications
technology to
help parties resolve their disputes.
The legal system doesn’t work over the internet
• Online cases are low value and cross-border
• Enforcement is too complex
• Users demand fast, one-click resolutions
ODR works the way the internet works
• No need to resolve issues of jurisdiction
• Redress is built directly into contracts
• Can be automated through software
eBay Resolutions
• 60m disputes
per year
• 50% resolved
amicably
• 90% resolved in software,
with no human intervention
• Extrajudicial process, almost never
appealed in court
Modria Resolution Center
Modular online dispute resolution platform
• Consumer interface for parties
• Enterprise interface for escalated case management
• Policy Center to dynamically tune for ROI and loyalty
• API-enabled, ISO security certified, cloud-based
Diagnosis
Negotiation
Modria spun out from eBay/PayPal on April 1, 2011
Mediation
Arbitration
Diagnosis
An online diagnosis guide
for potential filers with the
Ohio Board of Tax Appeals
• Set expectations around timing and process
• Compile the case file through online intake
• Apply relevant data and policies
• Deliver an automated resolution if appropriate
Negotiation
An online negotiation room
for resolving property tax
disputes in Nashville, TN
• Synchronous or asynchronous communication
• Make/accept/reject settlement offers
• Upload relevant documentation
• Draft and accept agreement terms
Mediation
An online mediation room
for divorcing couples in
The Netherlands
• Caucus and joint conversations
• Track all issues to closure
• Pick mediators by mutual agreement
• Consult a library of relevant solutions
Arbitration
An expedited arbitration
process for insurance
claims in New York
• Automatic notifications and case timelines
• Scheduling and calendar management
• Automated decision drafting and filing
• Integrated billing and account management
Governments pushing ODR
• UNCITRAL Working Group III on ODR
• Civil Justice Council report on ODR
• EU Region-wide ODR System by the end of 2015
• British Columbia Civil Tribunal Act
• US Supreme Court: AT&T v. Concepcion and Amex decisions
Takeaways
• The next justice system will look more like ODR than the courts
• Consumers/citizens will increasingly demand one click redress
• ODR is the best way to expand access to justice
• There’s no A in ODR
Thank You!
Colin Rule
crule@modria.com
408.295.5003