ODR in the Courts Logical next step? This work by

Transcript:ODR in the Courts Logical next step? This work by:
ODR in the Courts Logical next step? This work by Amy J. Schmitz is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License and is subject to the terms and conditions of that license. The final version of this document is published on the University of Missouri School of Law Scholarship Repository. Before we get started….. Here is something you may not know! https://www.youtube.com/watch?v=YzexIIb0Ej0. Blockchain courts?! Today’s assignment Institute for the Advancement of the American Legal System, A Court Compass for Litigants: MAPPING THE FUTURE OF USER ACCESS THROUGH TECHNOLOGY (2017). This document is accessible by searching on the IAALS site at http://iaals.du.edu/honoring-families/publications/court-compass-mapping-future-user-access-through-technology. Sam Muller, HiiL, Justice Innovation Lessons of 2017, at http://www.hiil.org/insight/justice-innovation-lessons-2017. National Center for State Courts, “Case Studies in ODR for Courts: A view from the front lines,” Version 1.0 Nov. 2017, at http://www.ncsc.org. The document is also posted on ODR.info. Examples Matterhorn examples: https://getmatterhorn.com/video-north-texas-town-offers-ability-argue-cases-online-matterhorn/ Matterhorn in courts: https://getmatterhorn.com/court-connected-online-dispute-resolution-video-resources-saved-justice-served/ Odr 2016 report (you did not read) Innovation happens, but does not scale and improve end-user experience ODR promises to improve user experience and effectiveness of judges (for high volume problems)– But we need to convince these users and judges! ODR can help to create financial sustainability and scalability of the courts Rules of procedure and financing have become an obstacle to due and fair process – how do we agree on procedures that balance fairness and efficiency? ODR Report 2016 Attending to the “market” of odr providers (ngos) who are “selling” to the courts– incentivizing courts to hire outside providers to help innovation Engaging and challenging the legal profession Importance of forging partnerships and collaboration among courts and private interests to bring access to justice to fruition Four models of implementation Full integration of ODR and court procedures with courts as supervisors of fair and effective solutions; start with offering complainants a choice between the existing court procedure and the ODR supported procedure. ODR as a pre-trial stage, aimed at negotiated settlement, with adjudication as a separate service 3. ODR as a procedure competing with courts, with its own adjudication module 4. ODR as a marketplace for existing (ADR and court) procedures 2016 report: THE PROMISE OF ODR Helping clients to navigate procedures Designing justice journeys from the user perspective The promise of fairness The promise of humanizing the delivery of justice The promise of financial sustainability and growth The promise of partnership and scale 2016 report ISSUES