Ensuring a Fair & Impartial Process

State Examples of Business Process Mapping

These are examples of ways that courts can better help users understand ODR by providing them with legal information and procedural information.

These checklists were developed to guide courts in thinking through their current procedures in several case types that have typically been targeted for ODR pilot projects. Following these lists will allow a court to spot where procedures many need to be changed to work within an ODR platform and will help them further identify stakeholders who should be engaged in the process. NCSC has also worked with several jurisdictions to use these checklists to  complete an inventory of existing legal information resources and any gaps so that they can make sure ODR users have access to appropriate, well-crafted, and just-in-time legal information within the ODR platform. If you would like to do such an analysis in your jurisdiction, please contact us via the Contact button on the top of the page banner.

How will court users be told about ODR? When in the process, how often, and using what methods? It is critical to the success of an ODR system that court users understand when ODR is available and how to use the system. Equally important is including relevant and timely legal information in the ODR platform so that users have guidance within the system.

State Examples of Inform

    It is very important that court users are aware of ODR as an option and that any opt-in or opt-out rules are explained. Courts should think about this as it relates to notice requirements, answer forms, and any other opportunity where a party is being asked to participate in some way.

When ODR is court-annexed it is incumbent upon the court to review ODR outcomes and verify that the process is doing no harm and that all procedural safeguards are being followed.