By Doug Van Epps, Director, Office of Dispute Resolution
Part 1 of this article discussed the key features of Online Dispute Resolution (ODR) systems and the most common goals courts have in providing ODR services. This article focuses on a pilot project by the State Court Administrative Office (SCAO) to make ODR available in small claims, general civil, landlord/tenant, and neighborhood disputes using the network of 18 Community Dispute Resolution Program (CDRP) centers across the state.
Launching in June, CDRP centers based in Macomb, Otsego, and Wayne Counties will be piloting the MI-Resolve system. MI-Resolve is an online platform where people can go directly, or with the help of an online mediator, negotiate a resolution to a dispute they have with someone. The system can be used before or after filing a court case.
During the pilot period, an initiating party must either reside, work, or have the dispute arise in one of the 17 counties the three centers serve. The pilot will allow the centers and SCAO to gauge the platform’s effectiveness, and to work with the developer to fine-tune the system to maximize its usefulness to the parties. After the pilot period, expected at year end, SCAO’s goal is to expand the service to all 18 CDRP centers, resulting in statewide ODR services.
The online experience very much resembles other ODR services, such as eBay’s™ dispute resolution system. Parties can: (1) enter information about their dispute and, if they have a court case, its status; (2) directly e-mail offers, counter-offers, and explanations to each other, with or without the help of a mediator; (3) upload and download documents and photos; (4) make, edit, accept, and digitally sign settlement proposals; and, in some cases, (5) generate forms for filing with the court. If parties wish, they can agree to meet in a face-to-face mediation setting, or they can arrange for a Skype™, “GotoMeeting™,” or “Zoom™” video conference. Once the parties conclude their case, they will receive a survey to rate their experience with the site.
MI-Resolve has drawn the attention of the National Center for State Courts, which identified it as one of approximately 15 ODR projects around the country to receive an implementation evaluation.
Upon successful implementation of the statewide service, SCAO hopes to begin expanding the types of cases that can be mediated online; for example, postjudgment parenting time disputes.
Following a “soft” launch, during which parties contacting a CDRP center will be made aware of the availability of the online service, SCAO will notify courts in the centers’ service areas that they can begin publicizing the service’s URL if they wish. Public education materials will also be made available.
By offering ODR services, Michigan courts are working to improve accessibility and efficiency. We already do our banking online, our kids take tests online, and people even buy their groceries online. ODR helps courts keep pace with a changing world and provides users with a more convenient, less costly, and speedier way to resolve their disputes.
For additional information about ODR, contact:
Doug Van Epps
Director, Office of Dispute Resolution
Telephone: 517-373-4840
E-mail: vaneppsd@courts.mi.gov
Doug Van Epps is Director of the Office of Dispute Resolution for the
Michigan Supreme Court. His 23 year tenure there has included serving as
the Director of numerous programs, including the Community Dispute Resolution
Program, Permanency Planning Mediation Program, Michigan Agricultural Mediation
Program, and Michigan Special Education Mediation Program. Mr. Van Epps oversees
grants totaling approximately $2 million to 18 non-profit organizations that
provide dispute resolution services throughout the state, as well as oversees
the development of training for all specialized mediation services.
Mr. Van Epps coordinated the Michigan Supreme Court Task Force on Dispute
Resolution that led to the creation of a series of dispute resolution court
rules. Currently, Mr. Van Epps oversees implementation of those rules and
initiatives to integrate alternative dispute resolution processes into trial
court caseflow management practices.
He is a member of the State Bar of Michigan, its ADR Section, and numerous
national ADR associations, and routinely authors articles and presents on ADR
topics at law schools and conferences.