Breaking Barriers: AAA-ICDR Foundation and Resolution Systems Institute Enhance Access to Justice through Inclusive Online Dispute Resolution
By Kendal Enz
Conflict Resolution Day, observed on Oct. 17, is a powerful reminder that effective conflict resolution is essential for building stronger, more equitable communities. This year, the American Arbitration Association-International Centre for Dispute Resolution® (AAA-ICDR®) is spotlighting Resolution Systems Institute (RSI) for its work in making online dispute resolution (ODR) more accessible to all, principally self-represented litigants facing barriers to justice.
Resolution Systems Institute is a nonprofit whose mission is strengthening access to justice by enhancing court alternative dispute resolution (ADR) systems. With help from a $147,000 grant from the AAA-ICDR Foundation®, RSI has launched the ODR Party Engagement (OPEN) Project, addressing a significant challenge in the justice system: the high default rates among self-represented litigants who have been referred to a court’s text-based ODR process.
Text-based ODR allows parties to negotiate by exchanging messages via an online platform. Courts use ODR because it can be more convenient, cost-effective and less intimidating to parties than traditional litigation. However, many individuals struggle to navigate ODR systems because of poor communication by the courts, limited literacy and lack of digital access or skills.
“The AAA-ICDR Foundation was motivated to support RSI’s OPEN Project due to its potential to break down barriers in online dispute resolution. By focusing on underserved populations, particularly those with low literacy and limited digital access, the project aligns with our mission to utilize alternative dispute resolution to expand access to justice,” said Tracey Frisch, executive director of the AAA-ICDR Foundation. “We recognized the critical need to improve how courts communicate and engage with self-represented litigants, ensuring that all parties can navigate ODR platforms with confidence and clarity.”
The idea for the OPEN Project arose from two evaluations RSI conducted with the University of California Davis Law School. They looked at a debt and small claims online dispute resolution program in Texas and a family dispute resolution program in Michigan. In both cases, courts required people to use ODR if referred. Only 24 percent used it in Texas. In Michigan, however, the rate was higher—48 percent—because defendants had a caseworker to help them navigate the ODR process.
“In Texas, nine out of 10 people didn’t even know ODR existed. In Michigan, more than half of the people we surveyed at the beginning of ODR had misconceptions,” said Jennifer Shack, RSI’s director of research. “This made me think that maybe courts needed to figure out a better way of communicating about online dispute resolution to increase participation and access to justice by providing people with more knowledge.”
Resolution Systems Institute’s OPEN Project aims to close this knowledge gap by developing user-friendly resources that assist defendants in navigating the ODR process. Funded by the AAA-ICDR Foundation’s grant, the project began with focus groups composed of individuals with similar demographics to self-represented litigants. These sessions provided valuable feedback on communication materials, which was used to create models for a notice, website, guide and video designed to inform and prepare parties for ODR. Shack and her team are conducting usability testing nationwide to ensure these tools are effective and accessible. The finalized materials will be available by March 2025.
“The OPEN Project is about creating tools that help meet people where they are,” said Heather Fogg, RSI’s CEO. “Some people understand information better when it’s written, others when it’s presented visually or audibly. There’ll always be people who are helped through the process by human connection.”
Another important aspect of the OPEN Project is using plain language in communications, Fogg said. In ODR, where legal jargon is often prevalent, it is essential to ensure that the average person can easily understand the process.
“My main goal is that people understand what they need to do, feel comfortable doing it and use ODR in the best way possible because they are prepared and informed,” Shack said.
In the future, the OPEN Project hopes to provide technical assistance to courts starting ODR programs or wanting to improve their existing ODR communication tools. “We can work with them to make sure they have tools that will be comprehensible and excite people,” Shack said.
Bridget McCormack, AAA-ICDR president and CEO, commended the OPEN Project’s work. “Digital dispute resolution offers an exciting potential for growing access to justice. RSI’s work to center users in designing online dispute resolution models is a critical step in ensuring that expanded access reaches everyone,” she said.
Conflict Resolution Day highlights the valuable work of organizations like RSI that strive to resolve conflicts peacefully and to engage with people in meaningful and accessible ways. “Conflict is normal. It’s something we can move through, sometimes with help, and it often opens up conversations we wouldn’t have otherwise. Celebrating conflict resolution helps remind people that conflict doesn’t have to be something to shy away from. We can work through it and, when necessary, get support from others,” Fogg said.
For more information about the AAA-ICDR Foundation and its support of innovative conflict resolution programs, visit the AAA-ICDR Foundation’s website.