Technology continues to create new conflict, and with that, find new ways to resolve that conflict. There are many more ways conflict can be resolved online than through Zoom. It’s probably the most important thing I present to lawyers and mediators: we can expand the pie for all dispute resolution practitioners when we support and encourage new platforms and avenues to blossom reaching customers. With this in mind, we can capture users that we never imagine we could.
Since the beginning of the pandemic, the rush to resolve disputes online reminds me of what originally sparked my interest nearly ten years ago — resolving disputes between friends on a very quickly fading AOL Instant Messenger (AIM) and MySpace and, later, a rapidly growing Facebook. It later evolved into watching Modria simulations at Cornell and how online disputes influenced collective bargaining. We tend to focus on the parties that know they have a dispute: the contractor not paid in full, the employment or divorce contract not honored, the failure to comply with a commercial agreement, and so on. Changing the paradigm and, instead, focusing on those that don’t know they have a dispute opens an enormous opportunity for ODR. Access to justice, and ODR specifically, can’t realize its true potential without equitable technology tools that serve consumers. …
ODR is More Than Zoom
Since the start of COVID-19, I’ve spoken to thousands of lawyers and dispute resolution practitioners about online dispute resolution (ODR). For most people, the focus is on Zoom. Zoom has been invaluable during the pandemic and ensures lawyers can continue to operate. However, the coupling of ODR and Zoom is only the beginning of the story. ODR is more than Zoom.
With continuing travel restrictions and development of vaccines looming, your practice or organization can benefit from various forms of ODR. Zoom, a synchronous technology, allows us to resolve issues in real time. Synchronous dispute resolution works for many disputes and organizations. There’s also asynchronous technology that can be highly effective. You can use text-based software, without fancy artificial intelligence or machine learning, to diagnose problems, create collaborative spaces for parties to work out issues, and construct spaces for conflict coaching. One example is email. Imagine if you had an online portal that helped parties figure out their issues, and maybe even resolve it, without your intervention. It would make your inbox much cleaner! …
As more people continue to stay home, the use of Zoom has exploded, along with report after report after report after report of privacy and security issues. Rumors of the U.S. Department of Justice not permitting its lawyers to use Zoom came in my inbox, with stories of friends of friends being in a meeting when someone “Zoombombed” them.
Zoom is secure, although you should be concerned about using it if you do not understand its basic security features. Business continues as usual for lawyers, mediators, arbitrators, and courthouses across the world (Canadian courthouse using Zoom , one of many stories), and we shouldn’t be afraid of this technology. It’s important during this crisis we stay connected safely. …
As millions of people across the world isolate themselves to avoid contracting and spreading COVID-19 to others (here’s guidance to stay safe from the CDC), the impact is especially felt in the alternative dispute resolution (ADR) community. I’ve spoken to dozens of arbitrators and mediators after I launched a free resource to learn about Zoom. It’s important I share these concepts with everyone to prepare for what’s ahead and keep the ADR community moving.
Prepare Your Parties
As a mediator and arbitrator, you should know how to operate Zoom or your preferred online resolution tool (check out CREK). For Zoom, a reliable and easy-to-use video teleconference service, there are plenty of free resources provided by Zoom’s helpful tutorials (also check out Resources for Legal Slack group created by Lori Gonzalez). While you may be prepared, are your parties ready? …
Providing access to justice does not, and should not, always involve a lawyer. There are many disputes people encounter every day offline and online. These issues range from an Uber or Lyft gone wrong, a roommate refusing to do the dishes, to not sure where an elderly parent should live next. However, in the current conversations around legal tech, we are not adequately addressing this critical market. Where does resolving non-legal issues fit within legal tech? Where do the functions of dispute resolution fit with the rapid development in technology?
The future of access of justice should look more closely at dispute tech. …
Life is complicated. So that’s why we built Disputly — a friendly, fast, and affordable tool to help you in complicated situations when you need it most. Disputly is an artificial intelligence + human powered negotiation tool to provide simple guidance for everyday disputes.
What does that mean? When you use Disputly, a negotiation specialist will answer your questions. We offer guidance on how to improve relationships and communication and facilitate agreements with family members or business partners to align expectations. immediate. At this time, we unfortunately can’t offer legal advice. …
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