Blog details

Adv. Rajesh, Chief Coordinator, SoftSettle Support

In the quest for improving access to justice, online tools considered to be the cheaper procedure comparatively and hence the lawyers’ start feels uncomfortable about the online dispute resolution process

Initially some e-commerce websites have started incorporating automated dispute resolution tool to settle e-commerce claims every year. This automation procedure in the ODR platform has been slowly getting accepted as a fine alternative which could even help people to have an access to justice without hiring lawyers or going to court. As such similar technologies get familiar with tackling most complicated issues like settling divorces, landlord-tenant disputes and other legal conflicts.

Employing online tools to settle routine legal disputes can improve access to justice for people who can’t afford to hire a lawyer, while freeing up court dockets for more complex cases. The platform uses algorithms to find solutions or points of agreement. The lawyers may be wary of such process coming up and becoming popular. But slowly they also understand that online platform as an efficient way to process simpler case, while more complicated matters still require their expertise. There is no room for any apprehensions to crop up among lawyers so far as the market for legal professionals would not get diminished; it is rather a matter of reshuffling.

Today, the term ODR is linked to a broad range of topics. The field of ODR has matured. Topics they covered ranged from reputation and trust issues for businesses to Intellectual Property and privacy issues and use of IT in Government. Indeed ODR is often seen as appropriate for low value, high volume cases. Automation and extreme simplification of processes is especially appealing for people with a small claim for whom the legal system is not an attractive option. ODR now directs its attitude in a different dimension and it fashions new designs in the resolution of divorce as well as other family issues. An ODR platform for family and divorce issues needs a different value proposition and design principles.

 Fast, fair and efficient does not resonate with the divorce professionals working in mediation, in our courts or who otherwise help people at these difficult moments in their lives. The people who experience how emotions play an important role in coping with divorce. Who see the full complexity of getting to a divorce agreement that is built to last. That achieves the best for the children, the separating spouses and others involved. Or who see the pro se litigants file for a divorce in their court who go unrepresented because they either cannot afford a lawyer or want to stay in control of their process. Fast, fair and efficient seems an inappropriate proposition for relational disputes.

 Let us acknowledge it: divorce is tough and the divorce process is complex and difficult. Technology in no way will be able to make it fast and efficient nor should it aspire to do such. But it can help people by providing structure for reflection, communication and solution-building. And by providing information, model solutions and support tools. The value proposition of ODR for relational disputes should rather be about an interest-based, empowering, fair and sustainable process and result: Divorce is tough. We will empower and support you throughout the process.

 The value proposition of ODR has always been that it helps people to get fast, fair and efficient dispute resolution. Automation and extreme simplification of processes is especially appealing for people with a small claim for whom the legal system is not an attractive option.

 That’s where robot divorce can play a part – helping families to avoid the expense and stress of having to go to court for a resolution.