Online Dispute Resolution as Legal Disruption: What Effect Could It Have on the South African Dispute Resolution Landscape?

Abstract

Across the world, the legal profession has typically been slow to adapt to technological changes. The South African legal profession is no exception to this, despite the fact that technology has the potential to facilitate and innovate many aspects of the practice of law. One such aspect is the field of dispute resolution, where it has been established that technology can be used to reimagine how disputes are resolved, looking outside of the traditional litigation model. Used in this way, technology becomes a disruptive innovation, changing the traditional dispute resolution practices carried out in the legal world. The aim of this work is to provide an explanation of what a disruptive innovation is and to discuss whether technology can be such an innovation in the South African dispute resolution landscape. This discussion will comprise a general examination of the legislative framework and current uses of technology in South African law. In the context of dispute resolution, it is suggested that online dispute resolution (ODR) embodies a disruptive innovation. An exploration of ODR follows, with the goal of determining whether it is a sustainable alternative to traditional litigation and whether it is feasible to include this innovation in South African law.