Technological Advances Help to Resolve Disputes
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Today’s lawyers are harnessing these innovations and many others to improve the delivery of legal services. Is there a place for this kind of innovation in negotiation and mediation? As technologies and our methods of communication evolve, it is natural to assume that our means of negotiating and mediating will also evolve. In fact, numerous advancements have occurred over the past decade that are already impacting Alternative Dispute Resolution.
For example, Picture it Settled uses intelligent software that, according to its website, “has learned negotiation strategy from deep data from negotiation patterns in several thousand litigated cases,” which helps parties anticipate reactions to negotiation moves and improve forecasts for settlement outcomes. Modria provides an online platform for the resolution of disputes across many platforms. Its founders created the online dispute resolution (ODR) systems at eBay and PayPal, which are entirely automated. The European Commission passed regulations in 2013 requiring the establishment of an ODR platform for disputes arising out of online consumer transactions, and the UNCITRAL (United Nations Commission in International Trade Law) Working Group III is continuing its work in drafting procedural rules to resolve disputes arising out of cross-border, e-commerce transactions in an online environment. Clearly, the marketplace is changing and adapting to the world of e-commerce. For disputes that arise from online transactions, involving people and companies who have almost never have any kind of personal interaction, it makes sense to employ an ODR mechanism.
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