Canada’s online legal magazine.

Search Results

Your search for “\"online dispute resolution\"” has returned the following results:

Online Dispute Resolution – Making a Virtue of Necessity

We lawyers, adjudicators, and mediators are normally quite resistant to change. Dealing constantly with conflict, we seek comfort in the dispute resolution processes we know.

So it’s still surprising to me to see how quickly the “dispute resolution industry” has adapted to the new reality of physically-distanced dispute resolution imposed by the COVID pandemic.

Will we ever want to go back to the old way of doing things?

In the spring there was a flurry of tutorials on how to do online dispute resolution. Many people struggled to learn how to ZOOM. Those who had been advocating and doing online . . . [more]

Posted in: Dispute Resolution

The “Success” of Online Dispute Resolution in Europe

Readers expecting to glance at part 3 of our multi part Towards Cyberjustice retrospective will have to wait a few extra weeks since we felt it more timely to address recent reports coming out of the European Union following the two-year anniversary of the EU’s online dispute resolution (ODR) platform.

As a reminder, the platform was launched in 2016 as per Regulation (EU) no 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). As . . . [more]

Posted in: Dispute Resolution

A Proposal for Automated Online Dispute Resolution, Part 1

This essay proposes a set of draft standards for automated online dispute resolution (AODR). The drafts I propose here are for transactional disputes, and specifically for AODR that generates arbitral awards in the millions of claims for debt and breach of contract. This proposal does not consider AODR for torts or disputes with non-AODR-compliant evidence or claims.

The AODR promise is simple and a little mind-boggling:

  • Take millions of claims out of the court system.
  • Reduce cost of dispute resolution (pre-enforcement) to zero.
  • Increase speed of dispute resolution (pre-enforcement) to infinity (limited only by bandwidth and machine capacity).
  • Give a
. . . [more]
Posted in: Practice of Law

From the King’s Court to Online Dispute Resolution

On such an afternoon some score of members of the High Court of Chancery bar ought to be … engaged in one of the ten thousand stages of an endless cause, tripping one another up on slippery precedents, groping knee-deep in technicalities, running their goat-hair and horse-hair warded heads against walls of words and making a pretence of equity with serious faces, as players might…between the registrar’s red table and the silk gowns, with bills, cross-bills, answers, rejoinders, injunctions, affidavits, issues, references to masters, masters’ reports, mountains of costly nonsense, piled before them… This is the Court of Chancery, which

. . . [more]
Posted in: Practice of Law: Future of Practice, Technology

UNCITRAL’s Working Group III on Online Dispute Resolution Is All but Done

Between February 9th and 13th, 2015, the United Nations Commission on International Trade Law’s Working Group III held its 31st session, the 10th session devoted to “the preparation of legal standards on online dispute resolution” (ODR) and, most probably, the last. After close to fifty days of negotiations (over five years), United States and European delegates proposed that the Working Group cease its work on ODR and redirect its resources to projects that had a better chance at reaching a successful outcome since discussions had been at a stalemate for a few sessions. . . . [more]

Posted in: Dispute Resolution

Ontario Joins Wider Move Toward Online Dispute Resolution to Ease Court Burdens

As John Gregory reported in a recent SLAW post, the Ontario government is looking at online dispute resolution (ODR) for a variety of provincial offences. The system could start with minor traffic offences, and be expanded to other provincial and municipal offences, such as parking and by-law violations.

The proposal reflects a growing trend toward ODR for both civil and administrative matters.

The Ontario consultation document notes the high cost of dealing with provincial offences, with about 1.6 million charges laid annually. In Toronto alone, for example, provincial offences courts cost about $50 million a year, plus $5.5 million . . . [more]

Posted in: Dispute Resolution

UNCITRAL’s WGIII on Online Dispute Resolution… a Seemingly Perpetual Tug of War

Between October 20th and 24th, as it does every Autumn, UNCITRAL’s Working group III on Online dispute resolution met to try and finally draft procedural rules for ODR providers. Unlike previous sessions, this year’s was rumoured to be a “make it or break it” meeting. This could be gleaned from the restatement of the directives given to participants in July of 2012 by UNCITRAL:

(a) the Working Group should consider and report back at a future session of the Commission on how the draft rules would respond to the need of developing countries and those facing post-conflict . . . [more]

Posted in: Dispute Resolution

Online Dispute Resolution at UNCITRAL – Some Creativity Needed

The UNCITRAL Working Group on Online Dispute Resolution (ODR) meets next month in Vienna to continue discussion of model rules for international ODR. Here are the working documents for the meeting, and past meetings. .

The perspective of the project since its inception in 2010 has been to find a way to resolve high-volume, low-value disputes – not necessarily just consumer disputes, but many would be of this kind.

One of the problems has been to figure out a way to get both buyers and sellers into the ODR system, whatever it is (and there might be many such . . . [more]

Posted in: International issues, Justice Issues, ulc_ecomm_list

Online Dispute Resolution, Courts and Tribunals: What Are the Threshhold Issues?

Many people are only starting to get used to the idea of ODR – Online Dispute Resolution. ODR uses increasingly familiar things, like online communication and information sharing, and uses the internet to combine them with dispute resolution. But what is stopping us from combining ODR with our justice systems?

In his CBA Legal Futures Initiative report, Key Trends in the Marketplace, Professor Richard Susskind invited us to contemplate whether court is a service or a place. If we commit to the view that it should be a service, then ODR would seem poised to become a key delivery . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice

Are Online Dispute Resolution Processes Necessarily Access to Justice Strategies?

As a PhD student studying the use of knowledge technologies and access to justice strategies, I am following with interest the development of the Civil Resolution Tribunal (CRT) [Civil Resolution Tribunal Act, SBC 2012, c.25;] in BC – an online dispute resolution process which will provide an alternative to the courts for small claims and strata property disputes. I want to share some thoughts regarding online dispute resolution processes and to pose the possibly provocative question: Are online dispute resolution processes necessarily access to justice strategies?

You might ask how an online process could not be . . . [more]

Posted in: Justice Issues, Practice of Law

CETA and ODR: Facilitating Trade Through Online Dispute Resolution

Unless you’ve been completely disconnected from international economic news, you’ve heard about the fact that, for four years now, Canada and the European Union have been negotiating “the Comprehensive Economic and Trade Agreement (CETA) in order to bring their trade and investment relationship to a new level”. As explained on the EU’s website:

CETA will cover the key issues relevant to a modern trade and investment environment, from ambitious new market access opportunities to clear rules for European and Canadian traders and investors.

Of course, one of the key issues relevant to a modern trade environment (or . . . [more]

Posted in: Dispute Resolution

The European Regulation on Consumer Online Dispute Resolution – Where Are We Now?

As mentioned in a previous post, the Cyberjustice Laboratory was proud to host the 2013 ODR Forum, which took place on June 17th and 18th in Montreal, Quebec. Among the issues addressed by our panelists and esteemed guests during those two days was that of the European Regulation on consumer ODR, a document that is seen as both a step in the right direction and a source of great confusion. If most in the ODR community welcome the document, general consensus also seems to be that important details remain to be incorporated for it to be implementable . . . [more]

Posted in: Dispute Resolution