Innovations In Alternative Dispute Resolution: Technology And New Practices (2)

Introduction

ADR stands at a critical junc­ture where tradition meets inno­vation.

This paper explores how tech­nology is reshaping the land­scape of

ADR in Lagos State and be­yond, delving into the transfor­mative potential of technologies such as Online Dispute Resolu­tion (ODR).

Virtual Hearing Rooms

The ADR community adopted the virtual hearing room as the journey progressed. This con­cept has gained unprecedented momentum recently, particularly after the global pandemic. Video conferencing platforms like Goo­gle Meet, Teams15 have become the new normal, allowing dispu­tants, mediators and arbitrators to convene from the comfort of their own spaces.

The virtual hearing room is more than just a video call. It’s a sophisticated digital environ­ment with features like break­out meeting rooms, real-time transcription, and AI-assisted note-taking.

This technology is precious in arbitration, where accurate records are crucial. However, giv­en the paramount importance of confidentiality in mediation pro­ceedings, we must approach its use in this context with caution.

Online Transcription and AI Assis­tance

Building upon the capabili­ties of virtual hearing rooms, AI-assisted transcription ser­vices mark another significant advancement in ADR technology. For instance, Microsoft Teams’ AI assistant can provide live tran­scripts and high-quality audio recordings of proceedings.

This technology enhances re­cord-keeping accuracy and acces­sibility for all parties involved.

However, a voice-to-text tran­scriber application that recognis­es our peculiar intonation would be essential in our local environ­ment. To this end, Cinfores Lim­ited recently developed Scribar, a comprehensive solution that en­hances transcription processes.

Scribar is available through a flexible subscription model. It seamlessly produces real-time transcripts and is tailored to our peculiar intonation—a feature of particular value in our linguisti­cally diverse nation.

Online Dispute Resolution (ODR)

ODR represents the culmina­tion of technological advance­ments in ADR, some of which I have discussed in this paper. ODR platforms allow for remote medi­ation and arbitration, breaking geographical barriers and mak­ing ADR even more accessible. These systems are no longer fu­turistic concepts but present-day realities.

The beauty of ODR lies in its ability to transcend physical boundaries. A disputant in Lagos can mediate with a counterpart in Kano, all from the comfort of their respective homes or offic­es. This geographic flexibility is particularly advantageous for our nation, with its vast expanse and diverse populace.

Global Perspectives On Odr

To understand the full poten­tial and varied applications of ODR, it’s instructive to examine some of the most successful and influential ODR frameworks and platforms globally. Fola Alade17 noted in his paper “Online Dis­pute Resolution”, that over 100 ODR operating platforms exist, each with unique features and institutional frameworks. I will focus on three particularly sig­nificant examples:

the European Union’s ODR framework, which provides a model for regional cooperation; the UNCITRAL Technical Notes on ODR, which offer interna­tional guidelines; and eBay’s Resolution Centre, which demon­strates the effectiveness of ODR in e-commerce.

These cases illustrate the ver­satility and potential of ODR across different contexts and scales. European Union ODR Framework.

The European Union has established a unified ODR ap­proach to settle online consumer claims. The EU ODR Regulation, promulgated in 2013,19 created an ODR platform as a single entry point for consumers and traders seeking to resolve disputes out of court.

ASCMA (UK), IADT (UK), No­tary Public, Accredited Attorney, Fotefa Partners LP, Mediator.A paper presented virtually in Feb­ruary 2024 to the Indian Institute of Corporate Affairs, Ministry of Corporate Affairs, Government of India.

Official Journal of the Euro­pean Union: REGULATION (EU) No 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL of 21 May 2013 on online dispute resolution for con­sumer disputes and amending Regulation (EC) No 2006/2004 and

Directive 2009/22/EC (Regu­lation on consumer ODR):

The EU ODR process involves submitting a complaint through the ODR platform, with both parties then agreeing on a com­petent ADR entity to deal with the dispute. This framework has significantly enhanced consumer protection and trust in the digital market across the EU.

UNCITRAL Technical Notes on ODR

The United Nations Commis­sion on International Trade Law (UNCITRAL) has significantly developed transnational norms for ODR. The UNCITRAL Tech­nical Notes on ODR, published in 201721 outlines a three-stage process for ODR:

(i) Technology-enabled nego­tiation

(ii) Facilitated settlement

(iii) Final stage (which could involve various forms of third-party determination).

These Technical Notes provide valuable guidance for developing ODR systems worldwide, includ­ing Nigeria.

eBay’s Resolution Centre

eBay’s Resolution Centre stands as a testament to the pow­er of ODR in handling high-vol­ume, low-value disputes.

The Department of Enter­prise, Trade and Employment is seeking views from stakeholders and interested parties on the fol­lowing two proposals: the first aims to improve the ADR frame­work’s effectiveness for consum­ers, traders, and ADR entities, and the second aims to discontin­ue the Online Dispute Resolution (ODR) platform.

This system resolves over 60 million disputes annually. It shows that ODR can deliver jus­tice efficiently and effectively at scale.

The eBay model uses the UN­CITRAL tiered approach, start­ing with guided communication between parties and escalating to eBay’s intervention only when necessary. Its high satisfaction rates.

Online Dispute Resolution: “Companies Implementing ODR, School of Law, University of Mis­souri, last updated by Annaleigh Hobbs,continuous improvement based on data analysis and user feedback showcase ODR’s adap­tive potential.24 Considering our unique legal and cultural con­text, these global examples offer valuable insights that could be adapted to enhance ODR imple­mentation in Nigeria.

The Future Of Adr: Ai And Telepor­tation

As we look to the future, AI emerges as a frontier in ADR. AI- powered tools are already revolutionising document anal­ysis and e- discovery, processing vast amounts of information with speed and accuracy that surpasses human capabilities. I envisage AI assisting LMDC me­diators in reviewing case files, identifying key issues, and sug­gesting potential compromises based on analyses of thousands of previous cases.

Looking further ahead, the concept of ‘teleportation’ in me­diation opens up exciting possi­bilities. While not yet a reality, imagine mediation sessions where participants feel like they’re in the same room despite being physically located in differ­ent parts of the

world. This hyper-realistic, immersive virtual environment goes beyond current video con­ferencing capabilities, promising to bridge geographical divides in unprecedented ways.

However, as the ADR commu­nity embraces these AI-powered innovations, they must remain committed to our justice system’s ethical principles. AI in ADR raises crucial questions about fairness,

Online Dispute Resolution: Companies Implementing ODR, School of Law, University of Mis­souri (supra). transparency, and data privacy. We must ensure AI systems are free from bias, have transparent decision-making processes, and fully comply with regulations such as the Nigerian Data Protection

Act 2023—technology aims to enhance, not replace, the human element in dispute resolution.

Conclusion

The journey of technological integration in ADR has been re­markable, evolving from simple teleconferencing and emails to sophisticated ODR platforms. We’ve embraced this evolution in Lagos State, implementing sys­tems like the JIS and LagosCoMiS to enhance our judicial services. The development of Scribar by Cinfores Limited marks a signif­icant local advancement, offering real-time transcription tailored to our unique linguistic needs. These technologies have made ADR more accessible, efficient, and cost- effective, as demon­strated by the LMDC’s handling of over 2,000 cases annually.

Global perspectives, such as the European Union’s ODR framework, UNCITRAL’s Techni­cal Notes, and eBay’s Resolution Centre, offer valuable insights for enhancing our ODR implementa­tion. These examples show how technology can effectively han­dle high disputes while main­taining user satisfaction. As we adapt these lessons to our local context, the LMDC must stand to improve access to justice across Lagos State significantly.

Looking to the future, AI and virtual reality present exciting possibilities for ADR. AI could assist in case analysis and sug­gesting resolutions, while virtu­al reality could create immersive mediation environments. Howev­er, as we embrace these innova­tions, we must remain committed to the ethical principles of our justice system. The objective is to use technology to enhance, not replace, the human element in dispute resolution, ensuring that our ADR processes remain fair, transparent, and compliant with regulations like the Nigeri­an Data Protection Act. By bal­ancing technological advance­ment with our core legal values, the LMDC can create an ADR system that is not only efficient but also genuinely equitable and accessible to all.

Justice Rahman Oshodi, Judge at the High Court of Lagos State delivered this paper at the Lagos Multi-Door Courthouse (LMDC) Summit on Oc­tober 16, 2024.