The only choice clients had to communicate with their solicitors during the COVID-19 lockdown was through email, phone, text message or video call. At the same time, online dispute resolution (or ODR) was crucial to the administration of justice before New Zealand moved to Alert Level 1. Courts were receiving applications electronically and conducting more online hearings than ever before. With advancements in electronic signing and filing of court documents, the need for people to meet in person has been eroded even further.
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. The technology to move to a more virtual way of working has been around for a while now but COVID-19 forced us to take the plunge and use the technology to its fullest capacity. The question is, Will the adopted changes continue in place and evolve now that lockdown has ended, or will we return to the old way of doing things?
We now have the opportunity to re-design and create effective 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, although some urge 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 in socio-economic challenged households, people with disabilities, or people from rural areas are all affected significantly by the cost of, and loss of earnings involved in, getting to and from face-to-face meetings.
ODR is not a new concept. It has been shown to be particularly successful for organisations that have embraced it. For example, take eBay, a business that runs completely online, with zero face-to-face interaction. eBay understood early on that by offering effective ODR they could not only address disputes, but they could even prevent problems occurring in the future. This resulted in enhanced trust from users and growth in their business.
Now that we are out of lockdown, this is a perfect opportunity to consider ODR as an alternative to the traditional way of doing things. If you are interested in exploring this option to take advantage of its benefits of accessibility and flexibility, let us know. At Aspiring Law, we look forward to working with you to embrace the benefits that technology has to offer.