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21 Lewis & Clark L. Rev. 635 (2017)
The Effect of Online Technologies on Dispute Resolution System Design: Antecedents, Current Trends, and Future Directions

handle is hein.journals/lewclr21 and id is 667 raw text is: THE EFFECT OF ONLINE TECHNOLOGIES ON DISPUTE RESOLUTION SYSTEM DESIGN: ANTECEDENTS, CURRENT TRENDS, AND FUTURE DIRECTIONS by Ayelet Sela* Online dispute resolution (ODR) technologies are now increasingly used by courts, administrative agencies, companies and alternative dispute resolution (ADR) organizations to handle cases in various legal domains. Two decades have passed since the first ODR systems were launched and their impact on access to justice and the delivery of justice has evolved to a great extent. This Article offers an overview and analysis of these developments. First, it discusses the pragmatic and ideological antecedents of ODR: developments in information technology and online activity, and the rise of the effective access to justice and alternative dispute resolution movements. Second, it proposes a typological framework for evaluating ODR systems in terms of dispute types, resolution methods, settings, technologies, providers, and process designs. It then uses the framework to systematically analyze the current landscape of ODR, offering specific examples of ODR systems that demonstrate the effects that technology has had on dispute resolution process design: procedural transposition, restructuring and novelty. The Article closes with a critical discussion of current trends and future directions of ODR, including transition from private to public ODR, hybrid process designs, crowd-sourced cyberjuries, connecting ODR with reputation systems, and data-driven ODR learning systems. INTRODUCTION ....................................................... 636 I. THE ANTECEDENTS OF ODR ................................. 637 A. Growth in Online Activities and Services .................. 638 B. The Rise of ADR and the Effective Access to justice Movement...... 641 II. THE CURRENT LANDSCAPE OF ODR ............ . ......... 645 A. Multidimensional Typological Framework for ODR..................... 646 1. Dispute Type, Origin and Domain. .............. ..... 648 2. Setting and Jurisdictional Forum......... ...... ...... 648 3. ODR Technology and Service Providers.. ................. 649 Post-Doctoral Research Fellow, Bar Ilan University Faculty of Law. For thoughtful comments and helpful conversations that greatly informed this Article, I wish to thank Deborah Hensler, Mark Kelman, Janet Martinez, Colin Rule, and Orna Rabinovich-Einy. 635