Online Dispute Resolution is a voluntary confidential process through which people with a dispute communicate online to resolve a conflict. They may request a trained, impartial third person called a neutral ODR Facilitator. The facilitator can help the parties to define issues, explore options, and reach a solution that both parties are willing to accept.
ODR is not a court hearing.
ODR is not a process to determine guilt or innocence.
With ODR, individuals have the power to develop solutions that meet the expectations and needs of both parties.
Is ODR confidential?
Yes. When each party creates an account, they agree that all communication through the site is confidential. Also, communication during dispute resolution such as ODR is protected as confidential by the law.
What does the neutral ODR Facilitator do?
The neutral ODR Facilitator is a highly skilled person who assists both disputing parties to resolve their differences. The facilitator will consider both sides of the story and ask questions about what happened in order to get the facts. The facilitator’s goal is to help all parties with finding a solution to their problem. Neutral ODR Facilitators do not take sides and will not give legal advice. The facilitator does not make decisions for the disputing parties. The facilitator may offer suggestions, options, choices and alternatives but will not give his or her personal opinions. The facilitator acts as a catalyst, enabling agreement between the parties and assisting in developing a mutually acceptable written agreement specifically outlining the terms of the resolution. Because all decisions are made by the participants, the parties retain ultimate control of the outcome.
When are ODR Facilitators available?
ODR Facilitators are available Monday-Friday, 8:00am- 5:00pm. However, you can use your case negotiation page to communicate with your ODR Facilitator at any time.
May I have witnesses, attorneys or other third parties participate?
The parties agree when they create an account that all communication through the site is confidential. Only the parties may participate.
Does ODR work?
ODR is a type of alternative dispute resolution. Alternative dispute resolution is uniquely designed to handle most civil disputes. It recognizes people as individuals and that every dispute brings unique characteristics and concerns. The flexibility of the process allows both parties to explore all of the issues, including underlying sources of conflict, complex issues, or issues where there is a high level of emotion attached. Alternative dispute resolution allows parties to consider a wider range of possible outcomes than is often available through other legal processes. Any solution is possible with alternative dispute resolution. Performance under alternative dispute resolution agreements is generally high because no agreement is written unless the parties agree that the solutions are viable for everyone.
What if we don’t reach an agreement?
If you do not reach an agreement, then you need to attend your hearing. Bring all of your evidence with you.
You can call the OC Small Claims Adviser for free help at (714) 571-5277 or online at ocsmallclaims.com.
If we don’t reach an agreement, do I need to bring my evidence to the hearing?
Yes. When you upload evidence to this site it is only for communication with the other party. There is no way to submit your evidence to the court through this site. You must bring your evidence with you to the hearing.
What if the other party doesn’t follow through with the settlement agreement?
If you file a settlement agreement and the other party doesn’t pay you, you can file the Declaration of Default (L-1152) to enter a judgment so that you can collect. You can type into the form and print it or print it and fill it out by hand. Be sure to sign and date the form. To file it, you can mail it to the court (if you have time) or bring it to the court. If you mail it, include the original plus two copies and a self-addressed and stamped envelope for the clerk to mail you back your filed copy.
You can call the OC Small Claims Adviser for free help at (714) 571-5277 or online at ocsmallclaims.com.