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12 Cardozo J. Conflict Resol. 19 (2010-2011)
Next Generation of Online Dispute Resolution: The Significance of Holography to Enhance and Transform Dispute Resolution

handle is hein.journals/cardcore12 and id is 21 raw text is: THE NEXT GENERATION OF ONLINE DISPUTE RESOLUTION: THE SIGNIFICANCE OF HOLOGRAPHY TO ENHANCE AND TRANSFORM DISPUTE RESOLUTION Susan Nauss Exon* INTRODUCTION Many scholars have written about the use of various technolo- gies used to enhance or transform face-to-face alternative dispute resolution (ADR) processes. Whether termed online dispute reso- lution (ODR),' cybermediation, also known as online mediation,2 cybercourt,3 electronic courthouse,' virtual courtroom,5 virtual * Many thanks to research assistants Ana Luz Vazquez and Lauren Montoya for their excel- lent research capabilities, and a special thanks to Ana for her superb citation checking of the final draft. I appreciate the wise advice and helpful comments of my colleagues at the University of La Verne who sat through a presentation during the conceptualization of this article as well as the expertise of Colin Rule, who discussed several aspects of this article. I wish to acknowledge and thank the University of La Verne College of Law for a summer research grant to fund the preparation of this article and pay for research assistance. I ODR includes forms of dispute resolution, such as negotiation, mediation, and arbitra- tion, which are conducted through ... written digital communications. Orna Rabinovich-Einy, Technology's Impact: The Quest for a New Paradigm for Accountability in Mediation, I I HARV. NiGor. L. Rriv. 253, 255 (2006). 2 Lei Jin & Daniel Robey, Explaining Cybermediation: An Organizational Analysis of Elec- tronic Retailing, 3 INT'L J. Euc rioNIC COMM. 47 (1999), available at http://citeseerx.ist.psu.edu/ viewdoc/summary?doi=10.1.1.39.8889. Cybermediation also is referred to as online mediation. See infra Part II.A.5. 3 See Susan Nauss Exon, The Internet Meets Obi-Wan Kenobi in the Court of Next Resort, 8 B.U. J. Sci. & Ticii. L. 1 (2002) (introducing the creation of an international cybercourt to handle disputes). Other examples of cybercourts include, but are not limited to, Florida's CyberCourt designed for educational purposes, the West Chester County, Pennsylvania Court Administrator's educational cybercourt for middle and high school students, and courts set up with evidence presentation technology and/or the ability to accept electronic filings. Id. at foot- notes 12-25 and accompanying text. 4 See Jay E. Grenig, 1 ATIERNA'rVI, Disie. Riso . § 2:75 (3d ed. 2008) (describing an elec- tronic process known as iCourthouse); see also http://www.electroniccourthouse.com. Both courthouses are described infra Part II.A.7. 5 Jeremy Barnett, The Virtual Courtroom and Online Dispute Resolution, available at http:// www.adr.info/unece2003 (last visited June 22, 2010); Fredric 1. Lederer, The Road to the Virtual Courtroom?: A Consideration of Today's-and Tomorrow's-High Technology Courtrooms, avail- able at http://www.courtroom21.net/About-Us/Articles/virtualcourtsinglespace.htm (last visited Nov. 18, 2010). An example of virtual courtrooms includes the Chester County, Pennsylvania 19

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