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38 U. Tol. L. Rev. 19 (2006-2007)
Ten Years of Online Dispute Resolution (ODR): Looking at the Past and Constructing the Future

handle is hein.journals/utol38 and id is 33 raw text is: ARTICLES TEN YEARS OF ONLINE DISPUTE RESOLUTION (ODR): LOOKING AT THE PAST AND CONSTRUCTING THE FUTURE* Ethan Katsh ** and Leah Wing*** I. INTRODUCTION T HIS symposium celebrates the fifth anniversary of one of the most interesting law-related uses of the Internet, the International Competition for Online Dispute Resolution (ICODR).1 This year is also the tenth anniversary of online dispute resolution (ODR). In 1996, the first articles about ODR appeared in a law review,2 the National Center for Automated Information * This article is a product of research supported by National Science Foundation award #0429297. National Science Foundation, Process Technology for Achieving Government Online Dispute Resolution, http://www.fastlane.nsf.gov/servlet/showaward?award=0429297 (last visited Aug. 22, 2006). Our particular thanks to Professor Benjamin Davis, founder of the International Competition for Online Dispute Resolution (ICODR), for organizing the Symposium Enhancing Worldwide Understanding through Online Dispute Resolution at the University of Toledo College of Law, April 22, 2006. We are also most grateful to the National Mediation Board (NMB), to Board Chair Harry Hoglander, to Director of ADR Services Daniel Rainey, and to the mediators and staff of NMB who have spent many hours working with us on this project. This article reports on a project requiring collaboration between members of the Departments of Legal Studies and Computer Science at the University of Massachusetts and we have had the benefit of extraordinary computer science colleagues, Lee Osterweil, Norman Sondheimer, Lori Clarke, Alexander Wise, and Matt Mazzilli. Many of the ideas in this article derive from conversations with our Department of Legal Studies colleague Alan Gaitenby and we are most appreciative of his work with us. ** Professor of Legal Studies and Director of the Center for Information Technology and Dispute Resolution, University of Massachusetts Amherst, http://www.odr.info/katsh.php. e-mail: katsh@legal.umass.edu. *** Lecturer, Department of Legal Studies, and Director of Dispute Resolution, Center for Information Technology and Dispute Resolution, University of Massachusetts Amherst, e-mail: lwing@legal.umass.edu. 1. The Center for Information Technology and Dispute Resolution, http://www.odr.info/icodr. php (last visited June 1, 2006). 2. Ethan Katsh, Dispute Resolution in Cyberspace, 28 CONN. L. REv. 953 (1996); E. Casey Lide, ADR and Cyberspace: The Role of Alternative Dispute Resolution in Online Commerce, Intellectual Property and Defamation, 12 OHIO ST. J. ON Disp. RESOL. 193 (1996).