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ODR is an online, court-monitored messaging system designed to help you resolve your court case. The purpose is to resolve the case before it goes further through the court process. If the parties reach an agreement, they can document the agreement in writing and submit it to the court to end the case. You and the other party, not a judge or magistrate, get to resolve your dispute in a way that works for both of you. ODR is a way of avoiding litigation and a trial.
It's easy. If you received a notice from the court, simply follow the instructions to go to the ODR website to register. Once both parties have registered, you and the other party can start your negotiation by a conversation through the platform to resolve the issue with a written agreement. During the negotiation either party can request a mediator to help facilitate the negotiation. If an agreement is reached, with or without the assistance of a mediator, it will be documented in the platform. If no agreement is reached, either party can terminate the negotiation and continue with the court process.
No. ODR is a free service offered by the court. The court charges $250 for in-person mediation. Using ODR is less expensive.
It's a way to resolve a legal dispute in a way that minimizes time spent at court and saves money. A legal dispute can take months—sometimes years—to resolve through court. You will probably need to take time off from work for court hearings and trials. For some, this is hard, if not impossible, depending on work schedules.
ODR offers a safe, private, online space to negotiate a satisfactory resolution with the other party. ODR is very flexible and efficient. You can 'talk' with the other party on your own time, quickly and easily and all online.
ODR lets you:
No. The only thing a judge or magistrate will see is a signed written agreement that you have submitted to the court.
If you are reading this online, you have everything you need to access ODR! ODR works with any device (computer, tablet or mobile) with web access (internet or cell-phone connectivity). Just go to the site on your device's web browser to access it just like you would on a desktop or laptop computer. ODR supports the latest browser versions of Chrome, Safari, IE/Edge and Firefox.
You have the option to terminate the negotiation at any time; however, you will not be able to access the negotiation (your conversation) if you change your mind. If no agreement is reached and one of the parties terminates the negotiation, the dispute will continue to move through the legal process.
If you do not want to participate in ODR, you must still complete the registration process, then select to opt-out of the program. If you choose to opt-out of ODR, you will be asked to fill out a survey telling us why you chose to opt-out for us to better understand your needs.
Mediators are professionally trained, experienced, neutral third parties who will help you and the other party find a solution to your problem. Mediators communicate by text through the platform. There are no face-to-face meetings.
Parties generally find that ODR is more successful when they are prepared and have a plan before starting negotiations. Your plan should define the issues and identify your goals. Think about what the other party may want, and how you might be able to propose a solution that will result in an agreement. Thinking through these things in advance will help you and the other party negotiate an agreement that works for everyone.
When a party makes a proposal or offer to you, be open-minded and consider the offer. It is up to you to decide if you want to accept or reject it. If the proposal or offer works for you, say so, and move on! If the proposal or offer does not work for you, explain why it does not work. Just saying 'no' doesn't help move the negotiation forward. Provide a reason why it does not work for you and make a counter proposal or offer that would work for you. Keep the conversation going! It is important to negotiate in good faith. This means being straight - dealing honestly and fairly with the other party.
The parties must divide all their marital assets and their marital debts if there are any. It is helpful to make a list. Typical assets are:
Parties must decide who will receive each asset, and when and how the asset will be transferred. Debts can be credit cards, medical bills, student loans, and tax obligations. Parties should decide who will be responsible for paying them. Parties must also decide whether one spouse will pay the other spousal support (alimony), and if so, the amount and for how long.
Understand exactly what the court order said about the property division in dispute. Understand what you and the other side were each obligated to do under the terms of the court order. If you were the party who did not do what you were supposed to do, comply with the court order. If you are the party that wants the order to be followed, consider what you would be willing to accept if the other party makes an offer. If the case involves belongings, identify what these items are, and consider when and how they can be transferred. Consider if there will be a cost involved in transferring the personal property and who will be responsible for the payment of the cost. If the case involves money owed from one party to the other, you or the other party can suggest a payment plan as a potential resolution. Consider the following:
If you can afford to pay off the whole amount in a lump sum payment in a short time frame (or example, 30 days) or pay off the whole amount in a small number of payments (for example, 3 monthly payments), the other party may be willing to accept less money and dismiss the case once all payments are received. Consider asking the other party about a lump-sum payment or a short-term payment plan. Whatever the offer, be sure that it is something that works for each party. It is useful for each side to identify what will happen if the agreement is not followed later. As an example, “the house will be sold.” Including this in the written agreement can prevent future disagreements and lawsuits.
If you and the other party reach an agreement, you can electronically sign it and submit it to the court through the platform. The judge or magistrate on your case will receive your agreement. You must still appear at the hearing so the court to ask any necessary questions, adopt the agreement, and end the case.