The Future of Justice Delivery: A Critical Appraisal of the Paradigm Shift from Alternative Dispute Resolution (ADR) to Online Dispute Resolution (ODR)
Keywords:
Online Dispute Resolution (ODR); Alternative Dispute Resolution (ADR); Access to Justice; Digital Courts; Algorithmic Fairness; Due Process by Design; Comparative Law; Cybersecurity; Enforceability; Hybrid Justice Models.Abstract
The emergence of Online Dispute Resolution (ODR) is a radical shift in the administration of justice in the world. Traditionally, the efficiency, flexibility and accessibility of the mechanisms of Alternative Dispute Resolution (ADR) like mediation and arbitration stood in the face of the litigation. As technology merges with it, these processes are becoming digital opening up opportunities and threats as well.
This paper critically evaluates the paradigm shift between ADR and ODR by looking at its effect on access to justice and fairness gained in the proceedings as well as the effect on enforceability. It sheds some light on the different methods of institutionalizing ODR through a comparative perspective with the European Union, the United States and Asia. Along with the potential brought up by ODR in terms of scalability, cross-border efficiency and increased inclusivity, it also poses issues of digital exclusion, cybersecurity and algorithmic bias as well as regulatory concerns.
The paper concludes that the future of delivery of justice is hybrid, one that combines ADR and ODR into an interlocking framework in which ODR complements and enhances ADR, as long as it has digital due process, transparent governance and enforceability protections built in.
