Today’s post continues a series co-authored by attorneys Gini Nelson and Vonda K. Vandaveer on the use of online dispute resolution to solve problems associated with traditional ADR. [Earlier posts: Part One, Part Two, and Part Three.]
This post addresses the question:
My Contract Does Not Address ODR. Can I Take Advantage of It?
As with traditional ADR, ODR does not need to be specifically required in the contract. The only requirement is that both parties consent to ODR. In fact, even if you are the defendant in a case or feel as if the other party has all the power, you should still consider proposing ODR because the corporate culture of the opposing party might be to promote the use of ADR to resolve disputes.