Ombudsman ADR & Online Dispute Resolution Technology

28 April 2010

If you’ve been following the OO Blog since inception you know “we” are just over a year old into our formal practice, which is a “spin off” of our other two-decades old consultancy.  So after just a little over a  year we are right in line with how we envisioned the delivery of services as an extension and “leveraging” of our long established “internal” capacity and in alignment with the current and future demands of the consumer.  We have long been able to easily roll out improvements for any function, process or procedure for most businesses by moving in tiny incremental steps in the development.  More and more though, the Internet and web based applications are providing great “value”, enhancements and cost savings with simple customization of forms, templates and content to achieve very good functional outcomes and at a reasonable cost.

All of our clients to date have engaged us via the Internet to do ODR or Online Dispute Resolution, which is now a pretty standard and accepted industry acronym.  ADR too, or Alternative Dispute Resolution has gained wide acceptance and more inclusive terminology is being adopted and adapted currently to better fit the Ombuds profession.  I’ve stressed the difference and tried to define Ombudsman ADR verus legal ADR too and specific meanings with regarding the term “mediation”.  As we pick up the pace our own proprietary solution to do intake and sequentially process steps for dispute resolution have worked just fine for the majority of our cases.  We are though, fortunately, just after one year, considering ODR Technology or Applications as a next step now in our own progress.

As with any business process or practice the real value of Web2.0, Group Ware and other team based collaborative applications is that it provides a standardized set of processes and procedures for communication, but proprietary processes need vertical applications or extensive customization.  By adopting ODR web based application technology you have a built in checklist from intake to settlement that insures everyone is participating fully, technical detail and steps are not forgotten and best practice compliance is built in with every step of the process.

Of all of the current ODR applications I’ve considered, I like Juripax currently because of it’s emphasis on proper preparation at the time of intake and focus on ethical and transparent  procedures that are built into the application.  There is also the de-emphasis of legal terminology in this package because as participants engage each other in the ADR process I’ve noticed that many times, even breathing a wrong word about “legal alternatives” can be explosive and I have had to coach clients to take care less they wish to escalate in the wrong direction.  The Juripax ODR solution is perfect for streamlined “non-legal” processes that are standardized by default for quick assessment and for a variety of types of complaints in B2B, B2C, institutional and community scenarios.  The platform guides you through the process and easily keeps you on track with where you last left off and with who.  Terminology and content are in alignment with currently practiced Ombudaman ADR “lingo” so as to be able to “facilitate” informal discussion and log it all the way through formal legal mediation if the case needs a “hand off” way down the road.

I won’t labor the benefits and features in detail other than to say this package is perfect for a newer practice that is in their second or third year of the business cycle and more formal business practices are now needed to have quality assurance, best practice and now technology to handle higher intake volume.  Regarding key strategy and still evolving “general practice” versus specialization for handling types of disputes, the package handles it all and does not lock you in, but rather adapts as your need to.  Very important as the external environment shifts year to year and you have to align with opportunity as it presents.

So with all of the changes in terminology in the profession that still being hashed out, much of the time with a big or little “e” in front of it… my take now is ADR and ODR will be locked in and accepted by our industry from now and into the future.  ADR and ODR are the means and method for the most efficient, practical and modern formal process to handle local to national and even global disputes in all industries utilizing the Internet to deliver their products or services and where disputes about something serious invariably pop up.

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