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63 Wash. U. J. L. & Pol'y 65 (2020)
Strengthening Online Dispute Resolution Justice

handle is hein.journals/wajlp63 and id is 77 raw text is: STRENGTHENING ONLINE DISPUTE RESOLUTION JUSTICE Noam Ebner* Elayne E. Greenberg Concern for man and his fate must always form the chief interest of all technical endeavors. -Albert Einstein' INTRODUCTION This article adopts a systems-design approach to focus courts and lawyers on the unexamined: how involving lawyers in the design, development and implementation of court-annexed2 online dispute resolution (ODR) programs, will strengthen their justice outcomes. The phrase ODR programs refers to the new menu of processes for dispute resolution and litigation offered online by courts. * Professor of Negotiation and Conflict Resolution in the Department of Interdisciplinary Studies at Creighton University. ** Assistant Dean of Dispute Resolution, Professor of Legal Practice and Director of the Hugh L. Carey Center at St. John's School of Law. We appreciate the thoughtful critique and skilled edits of our research assistant, John T. Burger, St. John's '20 for the final draft of this article. We also thank Madeline Mallo, St. John's '19 for her diligent research assistance for the first draft of this article. We appreciate the insightful comments of our ADR colleagues during the AALS Dispute Resolution Scholarly Works-in-Progress hosted by the University of Maryland Francis King Carey School of Law on October 4-6, 2018, particularly Brian Farkas for his thorough review of the first manuscript draft. Over the course of preparing this manuscript, we spoke with more attorneys, law professors, ADR experts in practice and academia, ODR experts in practice and academia, judges, and ODR systems designers from around the world than we could ever list here; still, we remember, and are grateful. I. Albert Einstein, Speech at the California Institute of Technology, Pasadena, California, (Feb. 16, 1931), in N.Y. TIMES, Feb. 17, 1931, at 6, https://timesmachine.nytimes.com/timesmachine/1 931/02/17/98321956.htmlaction=click&contentCol lection=Archives&module=LedeAsset&region=ArchiveBody&pgtype=article&pageNumber-6. 2. Court-annexed is a term that has been used to describe programs aiming to resolve court- submitted disputes through means other than litigation. It is often associated, in the United States, with alternative dispute resolution processes. Currently, this term is sometimes used to refer to online dispute resolution programs being developed in courts. As this article shows, ODR elements and processes are sometimes so embedded in courts' standard operations that distinguishing them from other elements of the judicial process will be challenging and artificial. Therefore, as ODR expands its presence in the judicial system, we anticipate that court-internal may become a more apt term. 65