ODR: The next green giant

• DOI: http://doi.org/10.1002/crq.21039
• Published date: 01 March 2012
• Date: 01 March 2012
• Author: Noam Ebner,Colleen Getz

ODR:The Next Green Giant

Noam Ebner

Colleen Getz

The worlds of government and business, as well as individual prefer-

ences, are moving towards incorporating environmentally friendly prac-

tices. Dispute resolution, as with every other human endeavor, has

environmental impact. Some practice modes leave a large environmen-

tal footprint while others incur less environmental cost. Online dispute

resolution (ODR) enjoys clear environmental advantages over any

other form of dispute resolution, yet this has not been discussed in the

literature or spotlighted in the commercial practices of the field. This

article describes the various environmental advantages ODR offers and

suggests a framework for taking these into account in dispute resolution

ventures and projects.

Introduction

It used to be that declaring yourself to be “green” or speaking about green

issues likely relegated you to a dedicated but small group of enthusiasts.

As we have discovered in the course of writing this piece, it is no simple task

for people who, like the authors, are not full-fledged members of the envi-

ronmental movement to find justification, frameworks, and language for

discussing environmental issues. Is invoking planetary issues in order

to discuss our corner of the dispute resolution world overkill? Out of place?

Just plain corny?

CONFLICT RESOLUTION QUARTERLY, vol. 29, no. 3, Spring 2012 283

© Wiley Periodicals, Inc. and the Association for Conflict Resolution

Published online in Wiley Online Library (wileyonlinelibrary.com) • DOI: 10.1002/crq.21039

NOTE: The authors would like to express their thanks to Susanna Jani for being a limitless

source of support and insight throughout the generation and writing of this article, as well as

their appreciation to Anita Galajda and Jennifer Sheehy for their invaluable assistance.

However, it seems to us that stepping up to this challenge might be a

sign of the times. The world is going green in the sense that green issues are

no longer only the concern of activists, lobbyists, and politicians. They

are finding their way into most households and businesses in the Western

world. Even if you have not noticed your own map of “matters to be

concerned about” expanding to include environmental issues, indicative meas-

ures of this trend are obvious in the way business practices and consumer-

focused marketing are changing. In a walk down the grocery aisle, a barrage

of different products vie for your attention, variously proclaiming their

eco-friendly contents or recycled and recyclable packaging. In the world of

information and communication technology (ICT), companies selling

telecommunications, data management, and videoconferencing software

are quick to promote the small carbon footprints associated with their prod-

ucts. Vehicle manufacturers are focusing increasing amounts of attention

on their role in developing the next generation of hybrid and electric cars.

While the reasons for this development are a mixed bag of ideology, image,

economics, and politics, the shift is clear: Green is mainstream.1

These new business practices did not appear out of the blue. They are

at once both a reaction to and a cause of increased awareness and sensitiv-

ity to environmental issues among average members of the public. They also

indicate that not only is the public more environmentally conscious and

sensitive than in the past, it is also making choices based on these new atti-

tudes. Those choices include lifestyle changes, new prioritizing, and volun-

tary dedication of resources. The shadow of the Tragedy of the Commons

(Hardin, 1968), in which multiple players proceed down a path that will

deplete a joint limited resource, still looms, but it does not seem so

inevitable as it did just a few years ago.

As individuals, we have noted our own environmental awareness evolv-

ing, and our own consumer and household practices changing. While nei-

ther of us has ever chained himself or herself to a tree or a whale, somewhere

along the line we have started to recycle our plastic bottles. When we switch

off an unneeded light or twist the faucet on a dripping tap, it is not just

about the money. When we consider purchasing a new car, its environmen-

tal impact is one consideration. With green issues occupying some unde-

fined space in our decision-making processes, perhaps it is surprising that it

took us so long to apply this thinking to our professional milieu.

Dispute resolution, as with every other human endeavor, has environ-

mental impact. And, just as in every other professional area, there are some

284 ebner, getz

CONFLICT RESOLUTION QUARTERLY• DOI: 10.1002/crq