Transformative Law

Technology & The Emergence of ODR/ADR as a Practice Area

Course Overview

One of the truly exciting new practice areas for lawyers is in the fast-growing field of alternative dispute resolution. As the general public becomes more aware of the personal and financial costs of conflict, as well as the lengthy time-frames of traditional litigation, many are turning to alternative methods for resolving disputes. The rising costs of business litigation, combined with the success of online dispute resolution vehicles such as that provided for E-Bay by Square Trade, has thousands of businesses seeking similar methods to resolve a wide range of conflicts. Government agencies are rapidly adopting various forms of alternative dispute resolution procedures, and many federal and state courts are mandating alternative dispute resolution for a widening variety of cases.

All of this means new opportunities for lawyers. Even lawyers whose practices are focused on litigation will enhance their overall mix of services by providing alternative dispute resolution expertise when their clients want it. For lawyers whose practices are focused on business and commercial law, alternative dispute resolution will be in increasing demand among their clients. The rapid emergence of technology tools to enable dispute resolution via the Internet, as well as without third party intermediaries in some cases, has created new markets: First for companies selling the network services and Web technology to enable the process; and second for professional alternative dispute resolution specialists, many of whom are not attorneys.

This course will present lawyers with detailed information about the factors leading people, businesses, courts and government agencies to choose alternative dispute resolution in a growing number of situations. The course will also present an analysis of the tools and companies that are enabling ODR. It will also provide examples of lawyers making the transition to the incorporation of ODR and ADR into their practices. We’ll also detail how to establish and grow a practice in this field, by presenting specific examples about how to discuss this with clients and where to use ADR/ODR to extend your overall services.

The future of conflict resolution appears to be squarely focused on a new view of conflict—something to be prevented where possible, reduced in magnitude where possible and resolved outside the courthouse where at all possible. Any lawyer wanting to prepare for this fast-approaching future should consider registering for this course.

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