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Old Ethics In New Wineskins? Examining The Ethical Difficulties In Court Online Dispute Resolution, Dorcas Quek Anderson
Old Ethics In New Wineskins? Examining The Ethical Difficulties In Court Online Dispute Resolution, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This post is based on a presentation made at the National Mediation Conference, Canberra, April 2019. The presentation has been drawn from two articles, Ethical Concerns in Court-Connected Online Dispute Resolution (2018) 1-2 International Journal of Online Dispute Resolution 20, and The Convergence of ADR and ODR within the Courts: The Impact on Access to Justice (2019) 38(1) Civil Justice Quarterly 126.
Ethical Concerns In Court-Connected Online Dispute Resolution, Dorcas Quek Anderson
Ethical Concerns In Court-Connected Online Dispute Resolution, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in …