Ethical concerns in court-connected online dispute resolution

This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the for...

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Main Author: QUEK ANDERSON, Dorcas
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2019
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Online Access:https://ink.library.smu.edu.sg/sol_research/2902
https://ink.library.smu.edu.sg/context/sol_research/article/4860/viewcontent/Ethical_Concerns_in_Court_ODR_DQAnderson_130219.pdf
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spelling sg-smu-ink.sol_research-48602019-04-30T01:06:25Z Ethical concerns in court-connected online dispute resolution QUEK ANDERSON, Dorcas This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in private ODR, because of the association of the courts with substantive and procedural justice. As in any dispute resolution system, a coherent and effective court ODR system should be guided by dispute system design principles, which includes having clarity of the system’s underlying values and purposes. It is therefore pertinent for each court to resolve the key ethical tensions in order to articulate the foundational values that will undergird the design of its ODR system. 2019-04-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2902 info:doi/10.5553/IJODR/235250022018005102004 https://ink.library.smu.edu.sg/context/sol_research/article/4860/viewcontent/Ethical_Concerns_in_Court_ODR_DQAnderson_130219.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University court ODR fourth party ethics access to justice confidentiality transparency informed participation accessibility accountability empowerment trust Dispute Resolution and Arbitration Legal Ethics and Professional Responsibility
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic court ODR
fourth party
ethics
access to justice
confidentiality
transparency
informed participation
accessibility
accountability
empowerment
trust
Dispute Resolution and Arbitration
Legal Ethics and Professional Responsibility
spellingShingle court ODR
fourth party
ethics
access to justice
confidentiality
transparency
informed participation
accessibility
accountability
empowerment
trust
Dispute Resolution and Arbitration
Legal Ethics and Professional Responsibility
QUEK ANDERSON, Dorcas
Ethical concerns in court-connected online dispute resolution
description This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in private ODR, because of the association of the courts with substantive and procedural justice. As in any dispute resolution system, a coherent and effective court ODR system should be guided by dispute system design principles, which includes having clarity of the system’s underlying values and purposes. It is therefore pertinent for each court to resolve the key ethical tensions in order to articulate the foundational values that will undergird the design of its ODR system.
format text
author QUEK ANDERSON, Dorcas
author_facet QUEK ANDERSON, Dorcas
author_sort QUEK ANDERSON, Dorcas
title Ethical concerns in court-connected online dispute resolution
title_short Ethical concerns in court-connected online dispute resolution
title_full Ethical concerns in court-connected online dispute resolution
title_fullStr Ethical concerns in court-connected online dispute resolution
title_full_unstemmed Ethical concerns in court-connected online dispute resolution
title_sort ethical concerns in court-connected online dispute resolution
publisher Institutional Knowledge at Singapore Management University
publishDate 2019
url https://ink.library.smu.edu.sg/sol_research/2902
https://ink.library.smu.edu.sg/context/sol_research/article/4860/viewcontent/Ethical_Concerns_in_Court_ODR_DQAnderson_130219.pdf
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