http://epubs.utah.edu/index.php/jlfs/article/view/635/456

A Dutch experiment with online dispute resolution (ODR) for divorcing couples found that the process is perceived as fair by those who participate. The experiment, discussed in this article, surveyed 126 individuals to determine their perceptions of procedural and outcome quality. Procedural quality was measured by procedural, interpersonal (a feeling of being treated with dignity and respect), and informational justice (the explanations and justifications provided). The quality of the outcome was measured in terms of distributive justice (how assets are allocated), restorative justice (the extent to which the outcome repairs the perceived harm done to one party by the other), transparency (the ability to compare the outcome the participants received to those achieved by others) and functionality (the extent to which the outcome solves the issues at hand).

The participants were referred to ODR, which was provided free of charge, if both parties had an email account and the issues were not complex. Both parties had to agree to participate in order to be referred. Once referred, the parties completed an intake questionnaire to provide the mediator with some details about the dispute. The parties could communicate with the mediator and each other via text message or email. The mediator moderated all communications. Each party was required to respond to the other within 48 hours as a condition of the agreement to mediate. Once all issues in dispute were finalized, the parties completed an evaluation of the procedure before the agreement could be finalized.

The study found that the participants perceived the process to be fair, with procedural fairness, interpersonal justice and informational justice all given high marks. On a scale of 1 to 5, they had averages of 4.27, 4.5 and 4.19, respectively. The participants' perception of the outcome was also positive, though to a lesser extent than for the procedure. They gave an average of 3.91 for distributive justice, 3.37 for restorative justice, 3.18 for functionality and 3.0 for transparency. The ratings were similar for both men and women. Other findings included men reporting higher out of pocket costs and time spent in mediation than women, and women reporting higher levels of frustration and anger than men.