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June 2007 - VirtualCourthouse a Stool with Three Legs
Judge Arthur M. Monty Ahalt (Ret.)
As VirtualCourthouse approaches the
1,000th case filing it has become obvious that On-line Dispute Resolution (ODR) requires adoption by three separate
constituencies - the claimant, the respondent and the neutral. Much like a stool, if one leg is absent the stool
falls. Thus, the challenge of change is multiplied or as the mathematician might say - “cubed”.
Most all practitioners have successfully over come the barriers to change which were presented with the advent of
court ordered ADR in the 1990’s. The benefits have become obvious - time saving, cost savings and “resolution
satisfaction”. Yet the court dockets keep growing so much more remains to be accomplished.
Students of the dynamics of CHANGE will testify that change does not occur unless there is;
1.Leadership
2.Strategy
3.Management
Over the past three years VirtualCourthouse has demonstrated that technology can elevate alternative dispute
resolution to higher levels - but it requires the participation of all three legs of the stool. Leadership is key
and the leaders in each constituency are stepping forward as the pioneer’s did and they are establishing new
territory.
Eric Frye, a lawyer in Upper Marlboro, Maryland, continues to file his cases in VirtualCourthouse before he files
in Court. Jeff Wigodsky with Karp Frosh, in Washington DC has successfully adopted the same policy. The claims
department of GEICO insurance, Fredericksburg, VA has successfully integrated VirtualCourthouse into their claims
examiner training process. The neutrals have had an easier time adopting as Judge Vincent Femia, Alan Feld and Cy
Pickens will attest. The common denominator with all of these folks is there ability test the vision of
VirtualCourthouse and overcome the reluctance to change.
Most people are risk adverse and they therefore resist change. “I have been doing just fine with out all of this
technology” is a familiar refrain. Just ask my dear wife Sandy.
However, the evidence now is overwhelming that VirtualCourthouse will pay significant dividends to those willing to
give it a try. The VirtualCourthouse team does a formal evaluation on every case filing and the results are truly
exceptional. Over 90% of those responding are “very satisfied” - a 5 on a 5 point scale - with VirtualCourthouse as
a method of dispute resolution. 90% are also “very satisfied” with the customer service. Now this does not mean
that everyone is thrilled with the result, because as in all of dispute resolution everyone’ expectations are not
achieved. And yes there are occasional “technological” clichés and challenges. But that is where VirtualCourthouse
excels by it’s experience in overcoming these challenges. Even in the “paper world” not all goes
perfect and there are occasional problems. But as we compare apples with apples VirtualCourthouse provides a very
efficient method of resolving a dispute fairly, quickly and inexpensively.
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