HiiL Trend Report IV ODR and the Courts: The Promise of 100% Access to Justice?

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ODR and the Courts

report with participants to the ODR 2016 conference, asking for feedback and comments. • Integrating experiences from HiiL experts with ODR and procedure innovation experience. • First week of May 2016: draft report sent to participants, speakers and workshop leaders. • 24 and 25 May: ODR 2016 conference at the Peace Palace in The Hague. Experts enriched the draft of the report with best practices and a better understanding of possible ways forward. • Final version published in June 2016. • The report will be presented to chief justices and ministers of justice of countries considering ODR in the optimisation of their courts.

1.3 Earlier reports: further reading This report builds on excellent earlier reports and publications about the potential of ODR. The following reports are recommended as further reading: • The Legal Education Foundation commissioned a report “Digital Delivery of Legal Services to People on Low Incomes 4 “authored by Roger Smith. It is updated regularly, so it is an excellent source of information on new developments. The project website also has working papers on subtopics. • Mohamed S. Abdel Wahab, Ethan Katsh and Daniel Rainey (eds.), Online dispute resolution: theory and practice, 2012 provides an overview of the field.

• Two PhD thesis have been published recently that provide a thorough analysis of ODR from the per spective of the French and the German legal systems (Zissis Lekkas, Disputes in the Digital era, The evolution of dispute resolution and the model ODR system, 2015; Nadine Schüttel, Streitbeilegung im Internet - Zukunft oder Irrweg? 2014). • The National Center for Technology and Dispute Resolution supports the website odr.info with regular blogposts on developments, a list of ODR providers and much more. • The Civil Justice Council published a high profile report on ODR and courts. The website also contains commentaries, interviews and supporting papers. • The International Journal of Online Dispute Resolution. • Colin Rule and Indu Sen wrote an interesting article about the use of ODR in procedures involving ombudsmen. • HiiL trend reports Towards Basic Justice Care for Everyone, 2012 and Trialogue, Releasing the Value of Courts, 2014 explore the scaling up of legal services for individuals and show how courts can escape from a low access to justice equilibrium.

Smith, R. (2015). Digital Delivery of Legal Services to People on Low Incomes. Retrieved from https://www.thelegaleducationfoundation.org/ digital/digital-report

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