Frequently Asked Questions
1. What is Online Dispute Resolution (ODR)?
Online Dispute Resolution (ODR) is a pilot program available for cases filed on or after January 2, 2019 in the Hartford and
New Haven Judicial Districts only. Provided by the Judicial Branch, the pilot program helps parties resolve specific types of money disputes called
contract collection cases (C40) in a simple, fast and low-cost way. It can be an alternative to going through the regular court process, which
generally has more complicated procedures and rules, takes a longer time, and requires you to appear in court to pursue or defend the claim.
2. Do I have to use Online Dispute Resolution for my collections case?
Online dispute resolution is an option that is available for contract collections cases. You are not required to participate
in online dispute resolution.
3. Why should I choose Online Dispute Resolution (ODR)?
It's a chance to resolve a legal dispute in a way that reduces the time you would have to take off from work or other obligations
for court hearings or trials, simplifies the process of preparing and filing documents and evidence, and increases the chance of a quick resolution of your dispute.
Most cases resolve within 90 days of the referral to ODR.
Online dispute resolution is also very flexible. You can participate from anywhere at almost any time, usually without ever
having to come to the courthouse.
Because ODR requires both parties to work with a mediator, you may also be able to reach an agreement that could reduce any harm
to your credit and avoid wage garnishments or other collections procedures.
4. How does Online Dispute Resolution (ODR) work?
It's easy. If you are trying to get another party to pay you money that is owed to you because of money you lent to someone,
goods or services you provided but were not paid for, or money you paid without getting the goods or services that you paid for, you can use ODR.
Basically, ODR has three steps:
- Step 1: Opt In
Everyone in the case must agree to participate in ODR, using the forms provided.
- Step 2: Exchange Evidence
Parties exchange evidence related to the case with each other and file it with the court. You may file on paper or electronically. Evidence
could include copies of receipts, repair orders, warranties, canceled checks, money orders, bills, contracts, a sworn statement from you or a
witness, or any other documents you think might help your case.
- Step 3: Resolve the Dispute
The court will schedule a session with a court mediator, at a convenient time for all parties, to settle the disagreement in a way that will work
for everyone. You can participate in the mediation by phone, video conference or in person, if you prefer. If you cannot reach an agreement, a
judicial authority (Judge or Judge Trial Referee) will decide the case based on the evidence you filed in Step 2.
5. Can I participate if I don't have access to a computer?
You do not need a computer to participate in online dispute resolution. You can mail or fax documents to the court if you
are not able to file them online.
6. What if I change my mind about participating in Online Dispute Resolution?
Either party can decide to opt-out of participating in Online Dispute Resolution within 15 days of the referral of the case
to the program.
7. What if we work with the mediator but cannot come to an agreement?
If you have participated in mediation but you are unable to reach an agreement, your case will be decided by the judicial authority
based upon the claim, answer and evidence you exchanged with other parties and filed with the court.
8. How do I prepare for the mediation?
You should make sure that you have copies of all of the evidence you exchanged with other parties and filed with the court.
You should also decide how you are going to participate in the mediation, and make certain that you have any equipment or information that you need to participate, such
as a telephone number or access to a computer.
You may want to consider what you would want in order to resolve your dispute. Is there an amount of money you would accept
that is less than the amount you asked for in your complaint? Would you accept less if the payment were made within a week and all at once? Do you want to suggest a payment
plan? What payments could you afford to make?”