Mubarak Nurudeen: An Online Dispute Resolution expert speaks on use of technology to resolve disputes

 

Interview with Mubarak Opeyemi Nurudeen: An Online Dispute Resolution (ODR) expert speaks on use of technology to resolve disputes 

 

Q: Mubarak, thank you for joining us today. Let’s start by discussing your academic background. You’ve excelled in both Nigerian and U.S. institutions. How has this diverse education shaped your approach to dispute resolution?

Mubarak: Thank you, it’s a pleasure to be here. My academic journey has been deeply enriching, beginning with my Bachelor of Laws from the University of Ilorin, and later obtaining a Master of Laws (LL.M) from Ohio State University in the US, where I was a recipient of the Faculty Award for Most Outstanding LL.M Student. These two experiences were vastly different but complementary. In Nigeria, I developed a strong foundation in law and witnessed the complexities of a system where access to justice can be slow due to traditional legal frameworks. In the U.S., I was exposed to a variety of technologies and tools, which I believe have the potential to revolutionize the way disputes are handled. These varied perspectives have allowed me to see both the potential and the barriers to creating accessible legal systems across different jurisdictions.

Q: Your professional career is just as impressive, spanning roles from one of Nigeria’s largest dispute resolution law firms to a Big 4 in the US. Can you tell us how these experiences have deepened your understanding of dispute resolution?

Mubarak: I was privileged to work on significant cases at Babalakin & Co., ranging from multi-million-dollar international arbitration cases to high-profile litigation matters. My time in Nigeria gave me first-hand experience of the difficulties many businesses face when trying to resolve disputes in a timely manner, especially in cross-border matters. My current work in the US, however, has allowed me to operate at the intersection of law and business. This combination has been critical in understanding the intricacies of not just resolving disputes, but doing so in a way that makes economic sense, particularly for companies involved in cross-border trade.
In the US, I have also seen how technology, can be leveraged to resolve disputes more efficiently. The key takeaway from both experiences is that the future of dispute resolution lies in combining legal expertise with technological innovation.

Q: The field of Online Dispute Resolution is growing rapidly. Can you share your thoughts on the current state of ODR, especially in the context of cross-border disputes?

Mubarak: ODR is undoubtedly on the rise, particularly as businesses seek faster and more cost-effective ways to resolve disputes in an increasingly digital world. At its core, ODR uses technology – such as video conferencing, digital case management, and AI—to streamline the resolution process. This is particularly important in cross-border trade, where differences in legal systems, languages, and business cultures often create friction. Traditional litigation in such cases can take years and involve significant costs, especially when arbitration across multiple jurisdictions is required.

However, despite its growth, ODR is not without challenges. The biggest hurdle is the lack of a unified legal framework across borders, which makes enforcement difficult. The Singapore Convention on Mediation is a good step toward resolving this, as it facilitates the cross-border enforcement of mediation agreements. But for ODR to truly succeed, we need more harmonization of legal standards between countries, particularly in developing economies.

Q: You mentioned developing economies. How do you see ODR contributing to access to justice in these regions?

Mubarak: This is one of the most exciting aspects of ODR. In developing economies, traditional court systems are often overburdened, underfunded, and geographically inaccessible for many citizens. For example, in Nigeria, civil cases, especially land disputes, can take a decade or more to resolve. This delays justice and discourages investors from investing.

ODR, by contrast, allows for the resolution of disputes without the need for physical courtrooms. With increasing internet penetration and the availability of mobile devices, even in rural areas, ODR has the potential to bring justice to underserved populations. More importantly, it can do so at a fraction of the cost. This is particularly vital for small businesses, which are often unable to afford lengthy litigation.
Governments and legal systems in developing economies must, however, invest in digital infrastructure to make this possible. High-speed internet, digital literacy programs, and mobile-friendly platforms are key to ensuring that ODR can be effectively implemented in these regions.

Q: That’s an interesting point about infrastructure. In your opinion, what other elements are necessary to build a robust ODR framework in developing economies?

Mubarak: Besides infrastructure, trust and legal harmonization are critical. Businesses and individuals need to trust the ODR system. This trust can be built through transparency, clear rules, and ensuring that the system is fair to all parties. Blockchain technology, for example, can create immutable records of ODR proceedings, ensuring transparency and accountability.
Moreover, the legal frameworks that support ODR need to be aligned with international standards. Without legal backing, especially for the enforcement of ODR decisions, businesses will hesitate to use it. The Singapore Convention is a starting point, but more countries need to ratify it. Also, collaboration between governments, regional bodies, and international organizations is crucial to building legal frameworks that facilitate ODR across borders.

Finally, we need capacity-building initiatives for legal professionals in these regions. Many arbitrators, lawyers, and mediators in developing economies are unfamiliar with ODR technologies. Training programs, certifications, and workshops can help build this expertise.

Q: You’ve made significant contributions to the development of ODR in various regions. Since you’re currently based in the U.S., what plans do you have for advancing ODR domestically?

Mubarak: The U.S. is a leader in many technological advancements, but there is still room for growth when it comes to the integration of ODR into mainstream legal frameworks. One of my primary goals here is to advocate for the broader adoption of ODR across federal and state courts. While several states, such as Utah and Michigan, have piloted ODR programs, there is potential for national-level integration that could significantly ease the burden on courts. Beyond the courts, I also see opportunities for ODR in commercial arbitration, particularly for businesses involved in cross-border trade. ODR can help streamline the resolution of disputes, reduce costs, and make the U.S. a more attractive environment for global business dealings. This, in turn, opens up investment opportunities. If the U.S. can develop an ODR infrastructure that’s recognized and trusted internationally, it will unlock a new avenue for trade and foreign direct investment. In a way, the U.S. can become a global hub for efficient dispute resolution, which will appeal to multinational companies looking to resolve their disputes more quickly.

Q: How do you see these advancements contributing to business and investment opportunities in the U.S.?

Mubarak: The U.S. is already a prime destination for international business, but enhancing its ODR capabilities can take this to the next level. Businesses, especially those operating across borders – will feel more confident in engaging with the U.S. market by reducing the time and cost associated with litigation. The legal system will be seen as more agile and responsive to modern commercial needs, which is crucial for fostering international trade relations.
Moreover, the development of ODR infrastructure in the U.S. can spur innovations in legal tech, creating opportunities for startups and tech companies to provide the necessary platforms, tools, and services. The legal industry is ripe for technological disruption, and ODR is at the forefront of this movement. As more businesses and legal institutions adopt ODR, we will likely see increased investment in technology that supports it, such as AI, blockchain, and cybersecurity. The ripple effects of these developments could be immense, fostering growth not only in the legal sector but across various industries.

Q: Let’s talk briefly about your academic achievements. You’ve received prestigious recognition for your academic achievements, including being awarded Most-Outstanding LL.M Student at Ohio State University. How has this recognition influenced your career?

Mubarak: Receiving the Faculty Award for Most Outstanding LL.M Student at Ohio State was both a humbling and motivating experience. It reaffirmed my dedication to pushing the boundaries of what’s possible in dispute resolution. This recognition has opened doors for me to engage with thought leaders in the field of ODR. More importantly, it has given me a platform to advocate for the use of technology in transforming traditional legal processes.
This award has also been a personal validation of my commitment to creating more accessible legal systems, not just in developed nations but also in emerging markets. I believe that my research and professional work in this area will continue to shape how ODR evolves globally.

Q: Looking ahead, what innovations do you see shaping the future of ODR, particularly in the context of cross-border disputes?

Mubarak: The future of ODR will likely be shaped by artificial intelligence (AI) and blockchain. AI has the potential to automate certain aspects of dispute resolution, such as document review and even initial mediation sessions. This could significantly speed up the process. AI can also help standardize decision-making, ensuring fairness across cases and reducing human error or bias.
Blockchain, on the other hand, will continue to enhance trust and transparency in ODR. As I mentioned earlier, blockchain can create permanent, tamper-proof records of proceedings. This ensures that all parties are held accountable and that decisions are easily enforceable. Smart contracts—self-executing contracts with the terms of the agreement directly written into code—will also play a key role, particularly in automating the enforcement of financial settlements.

In the longer term, I think we’ll see ODR being used in entirely new domains, such as the metaverse and virtual reality spaces. As our interactions increasingly move online, the need for digital dispute resolution will grow. ODR will become an integral part of governance in these emerging spaces.
Interviewer: This has been an incredibly insightful conversation, Mubarak. Thank you for sharing your insights with us today and we look forward to seeing your continued contributions to the field of dispute resolution.

Mubarak: Thank you so much, it’s been a pleasure.

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