ADR Online Dispute Resolution Methods 2 — Questions and Answers
Question 1: Which ODR platform feature allows parties to submit settlement offers without revealing their position to the other side until a match is found?
- Blind bidding (Correct answer)
- Synchronized disclosure
- Open auction
- Mirrored negotiation
Correct answer: Blind bidding
Blind bidding keeps each party's offer confidential until both figures fall within an agreed overlap range, encouraging honest offers.
Question 2: Under the EU Online Dispute Resolution Regulation, which institution is responsible for operating the central ODR platform?
- European Court of Justice
- European Commission (Correct answer)
- European Parliament
- European Central Bank
Correct answer: European Commission
The European Commission operates the EU ODR platform, connecting consumers and traders with certified ADR entities across member states.
Question 3: What is 'asynchronous communication' in the context of ODR?
- Real-time video conferencing between parties
- Parties exchange messages at different times without simultaneous presence (Correct answer)
- A court-connected instant messaging system
- Encrypted voice calls conducted through a mediator
Correct answer: Parties exchange messages at different times without simultaneous presence
Asynchronous communication lets parties contribute to the process at their own convenience, which is a core ODR advantage over traditional synchronous hearings.
Question 4: Which jurisdiction first enacted legislation specifically designed to govern court-connected ODR for small claims?
- United Kingdom
- Canada (British Columbia)
- Australia
- United States (Utah) (Correct answer)
Correct answer: United States (Utah)
Utah launched a court-connected ODR program under state legislation, becoming one of the first U.S. jurisdictions to codify ODR for small claims cases.
Question 5: In ODR, what does 'negotiation support software' primarily do?
- Replaces the mediator entirely with an algorithm
- Provides structured templates and prompts to help parties communicate offers (Correct answer)
- Encrypts all party communications to prevent data breaches
- Automatically files court documents when negotiations fail
Correct answer: Provides structured templates and prompts to help parties communicate offers
Negotiation support software scaffolds the process with guided questions and offer frameworks, improving communication without removing human judgment.
Question 6: Which ODR technique uses an algorithm to calculate a midpoint or zone of possible agreement after parties submit confidential numbers?
- Sentiment analysis mediation
- Automated blind bidding settlement (Correct answer)
- Predictive coding arbitration
- Machine learning fact-finding
Correct answer: Automated blind bidding settlement
Automated blind bidding calculates a settlement when offers fall within a preset percentage of each other, often resolving monetary disputes without a neutral.
Question 7: What is a significant ethical concern when AI tools in ODR generate settlement recommendations?
- AI recommendations are always legally binding
- Parties may not understand or be able to challenge the basis of the recommendation (Correct answer)
- AI tools eliminate the need for party consent
- Recommendations cannot be recorded or stored
Correct answer: Parties may not understand or be able to challenge the basis of the recommendation
Opacity in AI-generated recommendations raises due process concerns because parties cannot meaningfully contest reasoning they cannot inspect.
ADR Online Dispute Resolution Methods 2
Which ODR platform feature allows parties to submit settlement offers without revealing their position to the other side until a match is found?