Why Digital Accessibility in Online Dispute Resolution Matters

Why Digital Accessibility in Online Dispute Resolution matters

Digital accessibility is more important now than ever before. With many people relying on electronic tools for work, shopping, banking, healthcare and more, it is common knowledge that our daily lives are becoming increasingly digital. What is frequently overlooked, however, is that persons with disabilities often are equally reliant on digital means for core daily activities. Concurrently, online dispute resolution (‘ODR’) is rapidly growing in numerous sectors. This post seeks to clarify the connection between DA and ODR, as well as demonstrate why DA must be embraced as an integral aspect of how ODR systems are designed and implemented across the globe. 

What is Online Dispute Resolution?

The term ODR refers to a process whereby digital tools are used either as a supplement or replacement to the traditional way of resolving disputes. ODR encompasses both disputes handled entirely online and disputes handled partly online. As such, it constitutes a broad field.[1] ODR systems have been available as alternative dispute resolution (‘ADR’) processes for more than two decades, but it is not until relatively recently that court systems began to adopt court-integrated ODR processes. At current, there is a rapid growth of ODR in both the private and public sector.[2]

Relevance and Importance of Digital Accessibility

Regardless of whether ODR systems are developed by corporations or courts, it is essential that DA is paid attention to in the development.  DA ‘is the ability of a website, mobile application or electronic document to be easily navigated and understood by a wide range of users, including those users who have visual, auditory, motor, or cognitive disabilities’.[3]

Given that persons with disabilities may struggle with verbal communication, ODR systems constitute a valuable mechanism for effective advocacy.[4] Conducting mediations through ODR platforms rather than in person may for instance be helpful for persons with autism who sometimes tend to prefer to be in their own spaces.[5] Notably, however, accessible ODR platforms do not provide benefits only to disabled persons. While DA design features may be essential for some individuals, they are helpful and useful for everyone. For instance, captioned video content benefits not only deaf persons and persons with limited hearing, but also anyone in a noisy environment. Moreover, an easy to navigate website may benefit both persons with cognitive and other disabilities, and elderly ‘new’ to the internet.[6]

As succinctly stated by World Wide Web inventor Sir Tim Berners-Lee on the launch of the web accessibility initiative in 1997: ‘The power of the web is in its universality. Access by everyone regardless of disability is an essential’.[7] On this note, ODR providers shall consider DA in every element of their information and communications technology. This includes systems, content and processes. For ODR to become truly universal, it is thus prerequisite that websites, conferencing platforms and other technologies are designed and developed taking into consideration individuals who cannot hear a video, see a screen, hold a mouse, or have other disabilities.[8]

International and Regional Legal Framework

To provide DA in ODR is not only a desirable thing to do; it is increasingly the law around the globe. This post provides a brief overview of two international efforts and one regional effort that address DA in ODR:

The International Council for Online Dispute Resolution (‘ICODR’) has established Ethical Principles for ODR Practice, which enlists ways in which ODR should adhere to the ethical standards of DA and maximum effectiveness.[9] The ISODR emphasizes that ground-level accessibility consideration should be required in any ODR system. This can for instance take the form of hiring a DA coordinator. Jenny Lay-Flurrie is the chief accessibility officer at Microsoft, ensuring that accessibility is present from the beginning and considered at all stops. Having an employee like this encourages other staff to think about how DA can be implemented into ODR, not only for compliance and legal purposes, but to enhance the user experience for all involved.

DA is also addressed in the United Nations Convention on the Rights of People with Disabilities (‘CRPD’), a treaty ratified by more than 170 nations.[10] Article 9 CRPD includes an obligation for signatories to ‘promote access for persons with disabilities to new information and communications technologies and systems, including the Internet’.[11] Pursuant to article 21 CRPD, signatories are also required to accept and facilitate ‘[…] the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions’.[12] More generally, an obligation to ensure effective access to justice for disabled persons is enshrined in article 13 CRPD.[13]

Third and finally, DA is stressed in the context of the European ODR platform. This platform is provided by the European Commission to make online shopping safer and fairer.[14] Article 14 of Regulation (EU) No 524/2013 sets forth an obligation for all online retailers and traders in the EU, Iceland, Liechtenstein or Norway to provide an easily accessible link to the ODR platform as well as an e-mail address for the ODR platform to contact you.[15] Furthermore, it shall be noted that all dispute resolution bodies listed on the European ODR website have been approved for quality standards relating to, among other things, accessibility.[16]

Conclusion

With the rapid growth of ODR in numerous sectors, it is vital that we have a culture where accessibility plays an inherent part. Most importantly, DA should not be regarded as a compliance checklist but rather be embraced as an integral aspect of how ODR systems are designed and implemented around the world. After all, when everyone has access to and can use the ODR system, it has the best chance of lasting and making the largest impact on the largest number of people.

[1] ‘Online Dispute Resolution’ (Resolution Systems Institute) <https://www.aboutrsi.org/special-topics/online-dispute-resolution> accessed 02 March 2021.

[2] David Larson, ‘Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone’ (2019) 34 Ohio State Journal on Dispute Resolution 431.

[3] ‘Digital Accessibility’ (Tech Target: WhatIs.com, May 2016) <https://whatis.techtarget.com/definition/digital-accessibility> accessed 02 March 2021.

[4] Martha E. Simmons and David Lepofsky, Disability Accessibility Guidebook for Mediators (ADR Institute of Canada 2017) 55.

[5] Ibid 61.

[6] ‘Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone’ (n 2).

[7] Ibid.

[8] ‘Digital Accessibility is Changing the Way We Think About ODR’ (SettlementIQ) <https://www.settlementiq.com/blog/post/post04232019> accessed 02 March 2021.

[9] ‘ICODR Standards’ (The International Council for Online Dispute Resolution) <https://icodr.org/standards/> accessed 02 March 2021.

[10] Convention on the Rights of Persons with Disabilities (adopted 13 December 2006, entered into force 3 May 2008) 2515 UNTS 3 (CRPD).

[11] Ibid art 9.

[12] Ibid art 21.

[13] Ibid art 13.

[14] ‘Online Dispute Resolution’ (European Commission) <https://ec.europa.eu/consumers/odr/main/?event=main.trader.register> accessed 12 March 2021.

[15] Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) [2013] OJ L165/1.

[16] ‘Online Dispute Resolution’ (n 14).