Civil Disputes

Courts Should Continue to Offer ODR In Civil Disputes

(Source) Court-annexed alternative dispute resolution (“ADR”) is a process by which courts assist parties in resolving their legal disputes. Any method of dispute resolution that is hosted or supported by a court and does not involve litigation is considered court-annexed ADR. Examples of ADR include: negotiation, arbitration and mediation. Since the 1990s, ADR has been available online. Virtually conducted ADR is known as online dispute resolution (“ODR”). During ODR, parties meet by video conference. Some of the first courts to adopt ODR were located in Singapore, the Netherlands and Canada. Before the COVID-19 pandemic, courts in Connecticut, Ohio, Michigan, Georgia, Arkansas, Texas, New Mexico, Kentucky, Arizona, Utah, Nevada and California utilized ODR. By 2019, 66 courts offered ODR in the United States.  During the COVID-19 pandemic, courts across the country increased their reliance on ODR. Most federal courts allowed a greater number of ADR conferences to occur online. Many state and local courts also utilized ODR. The New York State Unified Court System held all of their ADR conferences through Microsoft Teams. In California, the Superior Court of Placer County conducted their civil settlement conferences through Zoom. Over the course of the pandemic, millions of civil court proceedings – including [read more]