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What Dinosaurs Can Teach Lawyers About How To Avoid Extinction In The Odr Evolution, Elayne E. Greenberg, Noam Ebner
What Dinosaurs Can Teach Lawyers About How To Avoid Extinction In The Odr Evolution, Elayne E. Greenberg, Noam Ebner
Faculty Publications
This paper is a wake-up call for the legal profession: Heed the justice changes that are upon us or risk extinction. Online dispute resolution (hereinafter ODR) is currently being incorporated into U.S and international court systems, re-shaping and re-defining justice as we know it today. Courts and clients, two stakeholders in our justice system, are increasingly receptive to ODR as a viable option to help provide and access justice efficiently and affordably. The legal profession, the third stakeholder in our justice system, however, has been slower to react. As ODR plays an increasingly prominent role in the court system, it …
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Faculty Publications
Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and par-ties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …
Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz
Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz
Faculty Publications
Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public …