Beneficial and Ethical ODR for Family Issues†

Abstract

Technology is revolutionizing the Alternative Dispute Resolution (ADR) field. Despite the long‐held assumptions that increasing understanding, building empathy, and crafting resolution are only possible in‐person, effective ways have emerged for assisting the resolution of the exploding number of disputes that have burgeoned online. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes use of technology and computer‐mediated‐communication (CMC) in negotiation, mediation, arbitration, and other dispute resolution processes. ODR is infiltrating family law, and even courts are starting to employ ODR in family cases. Expediated divorces and tracking parenting plans with little court involvement garner appeal amidst growing expectations that everything should be available with a few “clicks” or “swipes” on our technological devices. These expectations and opportunities place new responsibilities on the field and its practitioners. How can we best integrate technology into ADR—both online and off? How can we prevent the rush to digitization from ignoring due process and transparency in the name of efficiency? Accordingly, this Article will discuss the value of ODR for family disputes and highlight key concepts and ODR standards to consider for ethical design and employment of technology in family dispute resolution.