ABSTRACT
The article examines how Online Dispute Resolution (ODR) can be enhanced by integrating principles of Therapeutic Jurisprudence (TJ). Drawing on a qualitative study of experienced mediators who conducted online mediation during the COVID-19 pandemic, the findings reveal both significant advantages—such as efficiency, accessibility, and reduced emotional tension—and substantial challenges, most notably the diminished ‘human element’. The article argues that this human element, expressed through verbal and non-verbal cues, relational dynamics, and perceptions of procedural fairness, is essential for meaningful dispute resolution. By applying core TJ principles, the article proposes practical guidelines for designing and managing ODR systems in ways that preserve empathy, dignity, respect, and user wellbeing. Ultimately, it offers a framework for creating more humane, relational, and therapeutically oriented online legal processes.
Perlman, Karni, Humanizing ODR: A Call To Embrace A Therapeutic Jurisprudence Approach (January 1, 2025).
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