Implementation Considerations for ODR

David J. Bilinsky

There has been much written and discussed with regard to the different ODR systems and models,such as the one proposed by UNICTRAL.

This post focuses not on any particular ODR system or proposal but rather on the process of implementation,since any ODR system,no matter how well designed,must have a process of introduction that will allow for the best chance of adoption and acceptance.

This post is intended on starting a dialogue on the process of successfully bringing about the adoption of ODR in context of understanding and identifying best practices and tips to introduce ODR within any particular culture,industry,state or judicial system.

Step One:Environmental Awareness

This aspect of the ODR introduction process seeks to understand the scope or magnitude of the change that is being introduced. How many people,structures,organizations etc will be impacted by the introduction of ODR? Is the change a voluntary one or not (ie implemented as part of the judicial process)? Who will be impacted by the introduction of ODR? Who will be perceived as the winners? Who will be threatened? How great a shift from ‘how we do business now’is involved with this particular adoption of ODR? What is the proposed timeframe for the introduction of ODR? This step recognizes that there are at least three levels of change:Procedural,Structural and Cultural. Strategies must be adapted to address each particular level once awareness is raised as to the environmental impact of the proposed introduction of ODR in each of the three levels. This step should also include assembling the team that will oversee the introduction of the ODR change as well as seek out the sponsors who can be expected to support the change.

Step Two:Management of Change

The old expression states that you never get a second chance to make a first impression. Accordingly it is vitally important to give considerable thought to the plans for the introduction of the new ORD system as well as for people and organizations’first exposure to the new ORD system. A good first exposure can lay the groundwork for further progress;a poor first exposure can result in a serious setback or even spell disaster. Change is seen as being threatening;it is important to ensure that the points of view those who feel threatened by the introduction of an ODR system are carefully considered and strategies are developed to reduce their anxieties and alleviate their concerns (in Covey’s words,“Seek first to understand and then to be understood”)

The potential roadblocks need to be identified and strategies developed to effectively deal with them. There are many ways in which people and organizations can be first exposed to a new ODR system;consideration needs to be given to the best way to approach each one. A ‘one-size fits all’approach oftentimes will not be the best approach.

Strategies in this area include having notable speakers introduce the new ODR system,co-opting people and organizations into the process,looking for opportunities in terms of best times for introduction,brainstorming on change ideas and looking for ways to limit the impact of negative forces.

Step Three:Focus on Who Matters Most

The third step recognizes that if everyone openly adopted change,there would never be any need to be concerned with implementing change. There will always be three groupings of people and organizations when change is involved:Enthusiasts (who recognize the benefits of the new ODR system and line up to help spread and support the new system),Backbones (the great majority of people and organizations who are solid performers and who will support the change) and Resisters (those who oppose change either due to a perceived loss of power,status,money or other attribute or who simply do not wish to expend the energy to change).

This step involves gathering feedback on the successes and failures experienced in the change process,developing remedial strategies to deal with the setbacks and managing the resistance and then implementing corrective strategies and not least of all,celebrating the success with those who were instrumental in helping bring about the change (acknowledging their input,effort and results).

This step also focuses on those who were the superstars and learning from their methods,techniques and other intangibles in order to develop ‘best practices’for the further introduction of ORD in other states,industries and organizations.

(This is an abstract of the author’s presentation at the ODR 2010 Conference in Buenos Aires in June,2010).