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40 ODR and the Courts

A possible next step is a procedure design that has been proposed by HiiL for family problems (see picture below). Here the outcome of a procedure is always an agreement. After diagnosing their situation, the parties are presented with ideas for solutions for the issues that tend to be dealt with in a separation agreement. The system offers them standard solutions, which they can tailor to their situation. After negotiation, which can be assisted by a mediator, their agreement is reviewed by a neutral lawyer. This task can be performed by the courts, or be delegated to a lawyer appointed by the court. If the parties do not agree on solutions for one or more issues, the judge or another adjudicator fills the gaps in their agreement.

If the customer journey is the basis for the design, the user experience is likely to be much better compared to the current process. The typical process in a civil case is now that intake, diagnosis and information are handled by a lawyer for those who can afford one. Others will self-help and look for support online or from free or low cost helpers. Lawyers are experienced advisers, but each lawyer has his own way of doing an intake, diagnosing the situation and informing the client. Then the lawyer may or may not try to settle the case first, again following an individual best practice, which may or may not match with the working methods of the opposing lawyer. If no complete and final settlement is reached, the lawyer will bring the case to court fully preparing for the legal battle leading towards a court decision. The other lawyer may again have a different process and

Dimensions of justice

1. Fairness of procedure Procedural justice (voice, participation) Informational justice (information at the right time and place, sufficient, understandable) Interpersonal justice (respect, respectful interaction and language) 2. Fairness of outcomes Distributive justice (fair outcomes, according to needs, equal treatment, according to contribution, just deserts) Restorative justice (undo harm, compensate, remedy situation)

Effective outcomes (timely, likely to be complied with, solving the underlying problem) Transparency of outcomes (based on clear criteria, comparable to others in similar situations)

To what extent can well designed ODR improve user experience?

Major contribution Major contribution Some contribution, moderation and off- line interaction may be needed Some contribution, informed consent needs monitoring Little contribution, depending on design of procedure Some contribution, mostly through better monitoring and feedback Major contribution

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

As innovators within the ODR world, through our Rechtwijzer platform, we were delighted to host this years annual Online Dispute Resolution...

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

As innovators within the ODR world, through our Rechtwijzer platform, we were delighted to host this years annual Online Dispute Resolution...

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