Online dispute resolution (or ODR) has been crucial to the administration of justice during the current COVID-19 pandemic. Given the lockdown and social distancing requirements, the only choice for clients communicating with their solicitor has been through email, phone, text message or video call. 

Courts have been receiving applications electronically and have conducted more online hearings than ever before. Advancements in electronic signing and filing of court documents, further erodes the need for people to meet in person.

We’ve seen an unprecedented shift in the way organisations work, including the legal system, which has embraced technology in a way it never has before. There are opportunities to re-design and create powerful systems to resolve problems and disputes more efficiently. 

ODR was developed as a new tool to address access to justice issues and increase efficiency. As software becomes more powerful and intelligent the field of ODR has the capability to evolve further. However some people are urging caution in adopting technological solutions to dispute resolution.

Traditionally, ODR has been seen as a ‘niche’ area with limited relevance. Many thought it wasn’t nearly as effective as face-to-face and in person meetings but there are limitations to the way we have been resolving disputes.

Physical meetings come at a cost, often a high cost, which can effectively prevent many disputes from being heard. People with low socio-economic backgrounds, people with disabilities, or people from rural areas are all affected significantly by the cost incurred in getting to and from face-to-face meetings. 

ODR is an alternative to the traditional way of doing things that the legal system is likely to consider carefully in the new world post COVID-19. At Aspiring Law we look forward to embracing the benefits that technology has to offer.

Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]

T: 03 443 0922

W: www.aspiringlaw.co.nz

Tiffany Joyce specialises in property law, business & employment law, and family law at Aspiring Law.

Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.