For the last several years, I have written articles about the use of technology in settling legal disputes. Online dispute resolution, or ODR, broadly means a dispute platform using technology to assist parties in resolution of legal claims. Over the years, ODR has grown in acceptance as reliance on technology has expanded. This type of digital platform has now resulted in the partnering of my alma mater Suffolk University Law School with the American Arbitration Association (AAA) to launch an ODR Innovation Clinic for low-contest divorces and family law matters.
ODR has existed since the mid-to-late 1990s. E-commerce companies like eBay and PayPal used this technology to provide their customers with a low-cost option to efficiently resolve e-commerce transaction disputes. The online tool worked because cyber customers were often far apart geographically and the amounts in controversy tended to be smaller.
The growth of ODR in e-commerce and its effectiveness in reaching resolutions initiated interest in using such a tool in courts. I have previously written about the ODR efforts that began in 2016 in British Columbia when the Ministry of Justice started the Civil Resolution Tribunal (CRT) as a government sanctioned online platform.
The CRT is an administrative tribunal that is part of the public justice system and became that nation’s first public online system established to handle small claims and condominium disputes through a technology-based negotiation and mediation platform. The success of the program has led to its continued expansion over the years into small claims cases alleging damages of up to $5,000, to motor vehicle disputes up to $50,000, and, after March 6, 2023, to claims related to the sharing or to include an intuitive ODR platform for divorces and related matters, interactive guided interviews and “smart” court forms, a virtual mediation component, and AI-powered guidance for the public. (Id.) Feedback from all stakeholders in the system (courts, court users, providers of legal services, and ADR experts) will assist in the development process.
Suffolk Law is not new to imagining innovative uses of technology in the legal arena. Its Legal Innovation & Technology Lab provides students with the experience of working on research and development that centers on legal tech. And in 2023, Suffolk Law partnered with Tyler Technologies, the company working with British Columbia’s ODR platform for CRT, for the first ever multi-state smart system for electronic filing of court documents. Indeed, in 2024, National Jurist named the law school’s Dean Andrew Perlman as one of the top 20 most influential people in legal education.
Technology continues to change how people communicate, do business, and perform everyday tasks. With court e-filing and electronic evidence platforms like CaseLines now in our courts, technology has become a part of our legal practices and the judicial system. ODR’s use of virtual platforms to assist in the resolution of disputes may open new possibilities. These digital tools in the right type of cases may provide parties facing legal disputes with another way to reach resolution that is less costly and more efficient. And if the launch of this new ODR Innovative Clinic proves successful, we may see more collaborations like this in the future.