The internet, the
modern means for doing almost anything, but what about solving disputes?
Online Dispute Resolution
(‘ODR’) already exists (in relation to starting a claim only) in some forms e.g.
money claim online. However, this year, an advisory group set up by the Civil
Justice Council are going to explore the possibility of expanding ODR for
disputes under £25,000.
Canada and the Netherlands
currently offer systems of ODR and many have been using the popular auction
website eBay's ODR system successfully for a number of years, resulting in over
60 million resolved disputes. So, is it time for us to jump on the bandwagon too?
It is easy to
see the benefits of ODR, which aims to make the civil justice system more
accessible, cost-effective and quick through e-negotiation and e-mediation.
Convenience is a
substantial benefit of ODR, as disputes can be resolved from the comfort of one’s
home where communication between both sides and mediators can occur at a
flexible pace. This gives parties time to think carefully about what they want
to say, eliminating the risk of things being said in the heat of the moment.
A further benefit
from the extension of ODR will be to the courts that continually struggle with an
increasing caseload. ODR will remove minor disputes and free up valuable Court resources.
Despite the
benefits, ODR will also have disadvantages. One of the main benefits of mediation
is face to face communication, allowing parties to show emotions connected with
disputes and gauge each other's reactions. This element of human interaction
often helps bring disputes to an end, which may mean that ODR may become harder
to resolve.
Opponents of ODR
argue that it creates a two tier system for solving disputes: one cheap and
cheerful and the other expensive and exclusive. But this may not be a bad
thing?
For substantial
matters solicitor involvement and traditional court services are vital. However,
for smaller disputes, solicitors’ involvement and court fees can often become
disproportionate. Some argue that ODR is a technique to edge out lawyers but
already many people with smaller disputes represent themselves as litigants in
person. The expansion of ODR could implement a simple system to help those in
these circumstances, not taking work away from solicitors but improving the
system for those who would have never paid solicitors fees anyway.
ODR’s most substantial
problem is that it assumes all parties will have internet access. An Office for
National Statistics report in 2013 stated that 73% of adults in Great Britain
accessed the internet every day, but what about the rest? How many adults never have any access to the
internet? In addition, access to the
internet is very different to having the ability to utilise any online system
set up by the Civil Justice Council.
As use of the internet
expands, it seems logical to create efficient mechanisms of dispute resolution
through this entity. Certainly for substantial or complex disputes, the
traditional systems are required but an alternative ODR system for minor
disputes will undoubtedly extend access to justice for parties involved in
smaller disputes.
The litigation
and dispute resolution practice group at B P Collins LLP is well equipped to
deal with a dispute of any size. For further information and advice please
contact a member of the team by calling 01753 279039 or emailing disputes@bpcollins.co.uk.
Lucy graduated from the University of Nottingham in 2011 with a degree in Politics and American Studies (International Study). She went on to complete the Graduate Diploma in Law and Legal Practice Course at the University of Law (Bloomsbury).
After working as a paralegal in the Real Estate team for a large city law firm, Lucy joined B P Collins LLP in September 2014.
After working as a paralegal in the Real Estate team for a large city law firm, Lucy joined B P Collins LLP in September 2014.
