P2P

30 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | F A L L 2 0 2 1 collaborate with each other through an online platform to settle a case. The technology was originally developed to resolve issues between buyers and sellers on e-commerce sites like eBay. It was so successful for e-commerce sites that it was soon used for more than 60 million disputes annually. ODR has now been adapted for courts to use in a variety of cases, such as traffic-related offenses. The process saves time and money for all people involved. For attorneys, ODR offers the convenience of not having to appear in person to represent a client, freeing up time to focus on other, more complex cases. Plus, many ODR solutions are non-video and on-demand, which means attorneys aren't bound by set hearing times and can instead move a client's case forward whenever it suits their own schedule. The same idea applies to law enforcement officers. Because everything is handled through an online portal, which can be accessed any time of the day or night, police can remain on patrol instead of taking the time to appear in court. For courts, ODR allows judges to deliver fast, COVID- safe justice, the speed of which is especially valuable at a time when many courts are still catching up after extended closures, delays and capacity restrictions during the pandemic. ODR platforms can also provide reporting and analytics to identify trends, anticipate needs and streamline processes. Additionally, some solutions don't cost the court anything, but only make money through credit card fees when fines are paid. For defendants, ODR offers increased access to justice by reducing: • Time off work – No lost income from having to take time off work to attend an in-person hearing. • Other costs – There will be no need to pay for childcare or other needs while defendants go to court, plus attorney costs may be reduced or alleviated. • Delays – Cases often move much faster online than in-person. • Discrimination – On ODR platforms, a defendant's race, religion, physical appearance, sexuality, etc. are less likely to be immediately apparent than at an in- person hearing. • Risk of contracting COVID – The poor and disadvantaged are more likely to end up in court and are less likely to be vaccinated, but no one will catch COVID if the case is heard online. How ODR Works There are a variety of ODR options, and they can be used for small claims court, mediation and other needs. Some incorporate videoconferencing, which enables everyone to speak to each other at the same time. However, that also requires an appointed time during office hours, which is still not ideal for everyone's schedule. For example, one doctor made international headlines by joining a Zoom traffic court hearing while in the middle of a medical operation. For fairly straightforward cases, many courts prefer non-video ODRs, which allow communication to happen anytime 24/7 through recordings, uploaded documents and direct input. They offer more flexibility and easier access for all. The general process for ODRs is that they allow for easy review of cases, communication between the relevant parties and resolution of cases. Continuing with traffic court as an example, a non-video online traffic resolution system will usually follow these steps: F E A T U R E S

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