
doi: 10.2139/ssrn.6878779
In 2016, Colin Rule argued that online dispute resolution (ODR) is not a distinct alternative to alternative dispute resolution (ADR), but rather the use of technology in dispute resolution processes. He observed that many dispute resolution practitioners used technologies such as email, calendaring applications, spreadsheets, word processors, and videoconferencing without recognizing these activities as ODR.<br><br>Developments during the last ten years have reinforced the force of that observation. Dispute resolution practitioners increasingly incorporate text messaging, online scheduling systems, cloud-based document exchange, electronic signatures, videoconferencing, artificial intelligence (AI), and many other technologies into their everyday work.<br><br>This article revisits Rule's analysis in light of these developments. Drawing on Real Practice Systems Theory, it illustrates how technology has become embedded throughout practitioners' routines before, during, and after mediation sessions. It argues that this theory provides a useful lens for understanding ODR because it focuses on the specific tasks, routines, technologies, and decisions that constitute dispute resolution practice. Viewed from this perspective, ODR is an integral feature of contemporary practice.
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