Online Dispute Resolution: Dispute Systems Design in Cyberspace Company confidential. © Copyright 2015 Modria.com, Inc.

“[W]hat, then, is this law business about? It is about the fact that our society is honeycombed with disputes. Disputes actual and potential, disputes to be settled and disputes to be prevented... This doing something about disputes, this doing of it reasonably, is the business of law.” Karl N. Llewellyn, The Bramble Bush (Oxford University Press, USA, 191pp.) April 2008, originally published 1930.

What is ODR? Online Dispute Resolution (ODR) is the use of information and communications technology to help parties resolve their disputes.

The legal system doesn’t work over the internet Online cases are low value and cross-border Enforcement is too complex Users demand fast, one-click resolutions ODR works the way the internet works No need to resolve issues of jurisdiction Redress is built directly into contracts Can be automated through software

eBay Resolutions 60m disputes per year 50% resolved amicably 90% resolved in software, with no human intervention Extrajudicial process, almost never appealed in court

Modria spun out from eBay/PayPal on April 1, 2011 Modria Resolution Center Modular online dispute resolution platform Consumer interface for parties Enterprise interface for escalated case management Policy Center to dynamically tune for ROI and loyalty API-enabled, ISO security certified, cloud-based DiagnosisNegotiation MediationArbitration

Set expectations around timing and process Compile the case file through online intake Apply relevant data and policies Deliver an automated resolution if appropriate Diagnosis An online diagnosis guide for potential filers with the Ohio Board of Tax Appeals

Synchronous or asynchronous communication Make/accept/reject settlement offers Upload relevant documentation Draft and accept agreement terms Negotiation An online negotiation room for resolving property tax disputes in Nashville, TN

Caucus and joint conversations Track all issues to closure Pick mediators by mutual agreement Consult a library of relevant solutions Mediation An online mediation room for divorcing couples in The Netherlands

Automatic notifications and case timelines Scheduling and calendar management Automated decision drafting and filing Integrated billing and account management An expedited arbitration process for insurance claims in New York Arbitration

Governments pushing ODR UNCITRAL Working Group III on ODR Civil Justice Council report on ODR EU Region-wide ODR System by the end of 2015 British Columbia Civil Tribunal Act US Supreme Court: AT&T v. Concepcion and Amex decisions

Takeaways The next justice system will look more like ODR than the courts Consumers/citizens will increasingly demand one click redress ODR is the best way to expand access to justice There’s no A in ODR

Colin Rule Thank You!