The program is designed to assist you with resolving certain minor offenses through a web-based portal which is designed to prevent you from having to appear in court to discuss your case with the prosecutor.
One of the major benefits of the program is to allow you the option to handle your case online without having to take time off from work or school to attend a court session and to allow a resolution of your case sooner than having to wait for a court appearance.
Yes, you do. If you do not have an email account, free accounts are available at:
No. ODR is a free service offered by the court.
This optional program grants you the convenience of resolving your case without spending time in the courtroom waiting.
ODR works on any mobile device that can access the internet, so if you do not have a computer, it is possible to complete the process from your mobile device. Computers with internet access are usually available at your local public library.
When a small claims cases is filed, the plaintiff (the person who brings the lawsuit) and the defendant (the person being sued) will receive information on the ability to voluntarily select ODR. When both parties (the plaintiff and defendant) join the ODR platform, negotiation is the first step. Negotiation is a give and take process between two people - each with their own aims, needs, and viewpoints – who are trying to find common ground and reach an agreement to settle a matter that concerns them or resolve a conflict. If the parties do not reach an agreement in this stage, they can request the assistance of a mediator. If resolution is reached at either stage, the agreement is automatically generated, signed by both parties, and filed with the court. If no agreement is reached, the parties are given information on the next step in the court process.
No, use of ODR is optional.
No, you do not need a lawyer to participate in ODR. If you have a lawyer, the lawyer can participate in ODR for you or with you, whichever you choose.
Once you have accessed the ODR platform and agreed to participate, follow the prompts on the screen to make offers to and receive offers from the other party.
Both parties must agree to use ODR. If the other party does not agree to use ODR, you will follow the procedures that the court has provided to you.
Yes, ODR is voluntary at every stage. You can choose to conclude your participation without penalty from the court.
No, the court does not penalize you if ODR is unsuccessful.
ODR communications will not be shared with the court. However, there is only statutory confidentiality for the communications made in mediation.
The parties listed in the lawsuit and their attorneys, if any.
Yes, you can. You are under no obligation to accept any offer.
Mediation is a process in which a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.
If agreement is reached, the agreement is automatically generated, signed by both parties, and filed with the court. The agreement is not confidential.
Yes, the agreement is legally enforceable. Enforcement language is contained in the agreement with provisions for what happens in case of nonperformance.
Consequences and enforcement language are included in the agreement. The terms of the agreement will dictate what happens if parties do not fulfill their obligations.
You first need to be logged in to ODR in order to access your conversation space. Once logged in, you will see three tabs. One of them will be labeled Conversations. Click on the Conversations tab and it will place you in the conversations space where you can engage with the other party and the mediator (when applicable).
The mediation space is private to you, the other party, the mediator and the system administrator. No one else has the ability to view your conversation. With very limited exceptions, such as threatening harm to another person, all discussions are confidential and cannot be used in court. There may be a time when you would like the mediator to know something that you don't want to share with the other party. In this case, Online Dispute Resolution (ODR) allows you to communicate privately with the mediator, who will keep this information confidential. You can have a private conversation with just the mediator by clicking on the "Party 2 + Mediator" tab.
