A new U.S.-based study looks at barriers to online dispute resolution (ODR) use for parties with low literacy, and potential strategies to better inform self-represented litigants about ODR. Insights were gathered through focus groups held in geographically and demographically diverse areas in the US.

Among participants in the focus groups:

• Many were not previously aware ODR.
• A majority were keen to use ODR as an alternative to going to court, indicating its promising potential.
• Participants expressed concerns about negotiating through text, citing issues with misunderstandings, uncivil behaviour, information security, and legitimacy.
• Additional concerns were raised around a lack of internet/technology access and digital literacy.
• Many participants expressed a desire for a moderator or facilitator to oversee their communications with the opposing party, particularly to help manage emotional reactions such as feelings of being overwhelmed or intimidated.
• Participants valued plain language with simple definitions of legal terms, step-by-step instructions, bullet point formatting, and visual aids like images and instructional videos.

Making ODR More Accessible to Self-Represented Parties: Focus Group Perspectives by Rachel Feinstein and Jennifer Shack can be downloaded here: https://odr.aboutrsi.org/.