Online Dispute Resolution – From Origins to the Present

This article explores the historical evolution of Online Dispute Resolution (ODR) against the backdrop of the internet’s inception and development. In the early years, the internet was largely restricted to government organizations, the military, and scientific institutions. Censorship was prevalent, limiting the emergence of disputes within this limited virtual environment. To overcome these constraints, private commercial online services like CompuServe and AOL emerged, offering content-rich platforms but with limited connectivity. This limitation inadvertently reduced the incidence of disputes. However, unrestricted access to online services led to cases of identity deception and abuse, exemplified by the infamous case of a virtual persona, ‘Joan’. The ‘Joan’ incident underscored the challenges of managing online interactions in the absence of regulatory mechanisms. It prompted the emergence of system administrators responsible for balancing content policies and First Amendment rights. The article also delves into the early legal landscape concerning online communication and the challenges of regulating content and expression. This historical analysis offers insights into the origins of ODR, highlighting the need for effective dispute resolution mechanisms in the evolving digital landscape. It sheds light on the internet’s journey from a closed network to a global platform, raising critical questions about identity, freedom of expression, and the role of administrators in online governance.