Katsh & Rifkin Text - Themes
Online Dispute Resolution - Katsh and Rifkin
Online Ombuds Start at eBay. . . 150 cases in 2 weeks
"The web needs ODR"
ODR not need replace FTF if FTF is possible
What does ODR give us:
Types of Disputes - consider
- single issue vs multi-issue
- single transaction vs relationship
- arbitration vs mediation
Note need both tools and skills
ADR Advantages
- lower cost
- greater speed
- more flexible outcomes
- less adversarial
- more informal
- solution rather than blame oriented
- private
- fewer jurisdictional problems
ADR moved dispute resolution out of court - ODR moves dispute resolution even further away from the court
Two main reasons for ADR growth:
- better or more appropriate resolutions
- saving time/money and reducing court caseloads
Compare to development of legal services online - 50 bar associations watching
What of geographic licensure of professional practice?
Suggestion that characteristics of ADR space no so important p32? Yurt story.
But that characteristics of ODR space extraordinarily important, in fact critical.
Online tools and online spaces
Basic building choices: p 42
- synchronous vs asynchronous communication
- images vs text vs numbers vs video
- automated vs human interaction
Original conflicts online sending of chain letters, commercial activity, flame wars, false identities
Before the web, attachments, banner ads, pop ups, spamming, cyber squatting . . .
Began with needs of online communities - looked within for self enforcing protocols - no interest in outside assistance
Conflict between ISPs and users as to placed content.
Early efforts Virtual Magistrate (arb), Virtual Ombuds (mediation), Maryland Family Mediation Project
Early movers: blind bidding, smartsettle, domain names, square trade
Square Trade first to show ability to scale up and integrate automated and human
Fundamentals of ODR: Convenience; Trust; Expertise
Issue of admin responsibilities and record-keeping - confidentiality
The 4th Party:
- how convenient is complaining made?
- what are goals of complaint process?
- Designing complaint forms:
- get critical info
- use the info efficiently
Note qualities of arbitration:
- clear and final result
- fairly quick
- understandable as arbitrator so similar to judge
Compare benefits of mediation:
- flexibility
- relationships
- enforcement
Functions of "4th Party" software:
- blind bidding
- enhanced negotiation
- interest identification
- polling
- drafting
- monitoring and enforcement
"The Ideal Mediation would include online and offline interactions that take advantage of the strengths of each." -- use best tools available
Challenges online:
- managing emotions
- active listening
- asking questions
- reframing
Ethics and Best Practices
- explaining the process
- fees
- transparency
- impartiality
- confidentiality and privacy
- accessibility
