Utah online dispute resolution

Utah's online dispute resolution (ODR) system is a web-based tool available to litigants who have small claims disputes that involve USD 11,000 or less. 

Released in September 2018, Utah's ODR system was designed to provide 'simple, quick, inexpensive and easily accessible justice' that includes 'individualized assistance and information that is accessible across a multitude of electronic platforms.'

Transparency and accountability 🙈

Utah's ODR system is seen to suffer from several important transpareny and accountability limitations:

• Public access to records. ODR systems often prioritise the privacy of disputants, limiting public access to case records, making it difficult to track trends, identify patterns, or assess the overall effectiveness of the system. Without public access, it is also challenging for regulators or watchdogs to monitor the system for potential abuses or unfair practices.

• User engagement. A usability study found that 64 percent of Utah small claims defendants never log in to the ODR platform, limiting transparency as most users do not access the system.

• Legal information. Users expressed concerns about the lack of access to legal information within the platform, limiting transparency by not providing users with adequate context and guidance to navigate the legal process.

• Third-party evaluation. While Utah conducted a usability study, there appears to be limited ongoing evaluation of user experiences and outcomes. More robust and continuous evaluation would improve accountability.

Risks and harms 🛑

Utah's online dispute resolution (ODR) system has been accused of poor accessibility and usability, and of primarily benefitting large payday lenders.

Research, advocacy 🧮

• RAND (2021). Online Dispute Resolution. Perspectives to Support Successful Implementation and Outcomes in Court Proceedings

• Dardanes J. (2021). When Accessing Justice Requires Absence from the Courthouse: Utah’s Online Dispute Resolution Program and the Impact it Will Have on Pro Se Litigants 

• Pew Trusts (2021). How Courts Embraced Technology, Met the Pandemic Challenge, and Revolutionized Their Operations

• Deno Himonas (2018). Utah’s Online Dispute Resolution Program

Investigations, assessments, audits 👁️

• The Markup (2022). Payday Lenders Are Big Winners in Utah’s Chatroom Justice Program

• The MarkUp (2022). Can Chatrooms Replace Coutrooms?

• The Markup (2022) Utah ODR data and methodology

• Innovation for Justice, University of Arizona James E. Rogers College of Law (2020). The Utah Online Dispute Resolution Platform: A Usability Evaluation and Report (pdf)

• NCSC (2020). Impact of the Utah Online Dispute Resolution (ODR) Pilot Progam - Final Report (pdf)

News, commentary, analysis 🗞️

• Erez-Navot D. (2021). Reimagining Access to Justice: Should We Shift to Virtual Mediation Programs Beyond the COVID-19 Pandemic, Especially for Small Claims?