Suspicion over ODR

On-line dispute resolution (ODR) is being greeted with suspicion by lawyers around the world because they believe it is an insurance industry initiative to cut their fees, a solicitor told delegates at an international conference this month.

However, he warned that they will soon have no choice but to get on board as the phenomenon receives global government backing.

Speaking at an ODR forum hosted by the United Nations Economic Commission for Europe, Graham Ross - who heads technology provider Theclaimroom.com - said that as most lawyers' fees are primarily determined by the time spent on the work, the faster turnover was a disincentive to initiate ODR.

However, Mr Ross said that with more governments recognising the benefits of ODR - less expense, transparency, distance between the parties in sensitive situations and removal of the need to enter a foreign court system - lawyers would soon be unable to turn their backs on the trend.

He predicted that ODR would be a major topic at the world conference on IT, set to take place in Geneva in September.

'All organisations and governments agree that ODR is vitally important to developing and encouraging cross-border trade, and this will become even more so with the entry of the new accession states into the EU,' he said after the forum.

The forum heard that more than 100,000 cases are being settled on-line each year.

Passing resolutions on the future of ODR, the forum pledged to encourage the use of technological applications in a range of public and governmental disputes, address the current digital and justice divide, and consult with and inform member states about the progress made in relation to the technology.

Another delegate, Jeremy Barnett, head of the Bar Council's IT panel, said: 'The message from the forum was clear - IT is changing the face of litigation, both criminal and civil, around the globe.

The use of technology both in and out of court is inevitable as the rest of the world goes on-line and relies increasingly on mobile telecommunications.'

Paula Rohan