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The promise of ODR

form to deliver their contributions more quickly as well. Delays can be monitored, followed up on and acted on much easier than in off line procedures. A standardised process, with clearly circumscribed tasks for lawyers, experts and judges, is less likely to lead to delays than an open ended procedure, where case-management is not centralised. Of nine proven tools to reduce court delay, eight can be more easily be implemented with the help of online dispute resolution (see Table). Effectiveness can be monitored in any procedure, but in court procedures this is not built in as a standard. Automated client reviews can be part of the system, leading to data giving feedback about what solutions work or do not work. Online platforms such as ourfamilywizard.com are set up to help parents to monitor their parenting plans and also to reduce uncertainties about what has been communicated between them. This is an example of how ODR systems can log information about compliance, making oversight by courts much easier and court.

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An online system cannot directly provide restorative justice. Victims of accidents and crimes need information about what happened. Most of them want some interaction with the persons who contributed to their victimisation, because they look for explanations, motives and acknowledgments, perhaps leading to an apology. They need psychological or medical assistance, and support to reorganise their lives or on a continuous basis. Some victims need compensation for loss of earnings, and a punitive sanction may be appropriate. Whether online dispute resolution can support this, depends on the design of the procedure. There is no intrinsic reason why online dispute resolution would be better in providing such remedies than an offline procedure. In some cases it may enable appropriate communication between participants, reducing tensions and fear. In other cases face to face contact may be more helpful and can be supported online.

National Center for State Courts. (n.d.).

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Case flow management tools that are proven to be effective (National Centre for State Courts39)

Possible online dispute resolution contribution

Case-disposition time standards Early court intervention Continuous court control of case progress Use of differentiated case management Meaningful pretrial events and schedules Limiting of continuances Effecting calendaring and docketing practices Use of information systems to monitor age and status of cases Control of post-disposition case events

Yes Yes Yes Less so Yes Yes Yes Yes Yes

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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