Ethical Technology Risk: How to Identify What Is Reasonable Data Protection for ODR

Abstract

There is no dearth of technology options that could be cobbled together into an online dispute resolution (ODR) solution. From commercial off-the-shelf (COTS) products to custom software, ODR solutions all require some mixture of integrated routines and manual processes that allow for a dispute to be acknowledged, all the relevant parties to be included, communication to occur between parties under varying levels of confidentiality, documentation of any agreement and archiving of any summary documentation. How these products, software and processes are assembled can have significant impacts on the appropriateness of any technology-enabled ODR solution. This presentation offers courts and other procurement professionals an assessment road map to ensure that any ODR solution proposed by a vendor provides reasonable protection of the disputing parties’ data.