Is Online ADR Here to Stay?

In an article recently published by the Association for Corporate Counsel’s Docket, argument was made that online ADR (sometimes referred to as ODR or virtual ADR) is here to stay. Noting that ODR tends to offer more flexibility, easier scheduling and reduced costs, the article also notes that it is not without its own problems. Security remains an issue in the days of Zoom-bombing and, sometimes, the computer screen represents an insurmountable impediment to building rapport.

But the biggest problem with ODR at this juncture is the perception of casualness it creates. ADR is, by practical definition, a less formal proceeding than court. That’s a given. But, by removing the “in-person” element to ADR and replacing it with the “on the screen” element, there is a tendency of some individuals to treat it too casually. Mediating your dispute while driving your car seems to be a counterproductive resolution technique. Mediating in the middle of your business, with customers or other employees milling around in the background, seems to be counterproductive (and a breach of confidentiality).

ODR is here to stay, to one degree or another. It is a bell that cannot be unrung. As ODR increases in prevalence, norms and customs will develop. It’s only typical of the evolutionary process instigated by the adoption of new technology. But for right now, it’s a bit of the Wild, Wild West.

To read the full article, click here.