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44 ODR and the Courts

Online procedures can also frame the conflict in such a way that a respectful dialogue is most likely. Disrespect is the most frequently cited form of injustice. When people are asked about their needs and worries, they are less likely to come up with accusations or to denigrate the other party. Once they feel heard, they are more likely to listen to the other party with respect. In a courtroom or in a direct conversation between the parties, there is always the issue of who is listened to first. When both parties can submit their own views first, and then look at the worries and needs of the other party, they are more likely to give and receive recognition. Usually, disturbed communication and unproductive interaction patterns are one of the key problems in a dispute.

A website can frame the communication in more productive ways, using the best practices from mediation. If needed, the communication patterns can be made a separate issue to work on. On the other hand, a small percentage of online communication tends to be abusive. We haven’t heard about online dispute resolution platforms creating or attracting huge quantities of unrespectful communication. Moderation may be needed in some situations, however. An online environment should not increase conflict behaviour.

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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