Colin Rule Text - Themes
"Eventually, ODR will become an indistinguishable part of the way people around the world resolve their disputes."
Intersection waves of:
- growth of alternative dispute resolution
- growth of information technology
- ODR meets the needs of modern business
And a new challenge: Online only disputes
"Courts do not work for online disputes" - "You can't merely recreate offline judicial mechanisms online and expect them to work, with e-judges making e-rulings enforced byt e-police running e-jails."
(wonder if physical courts will ultimately be place for criminal matters where issue is jurisdiction over body)
In many contexts, ODR only practical option.
Earliest attempts at dispute resolution tech:
- Smart Settle
- Agree
- Conflict Net
- Arrival of the Internet
- "Rule-Net"
- Katsh Cyber Tribunal, Online Ombuds, Virtual Magistrate -> TranSecure -> SquareTrade
- CyberSettle, ClickNSettle, eResolution, Online Resolution
FTC June 2000 - Away we go
- BBB
- ECODIR
- ICC
- ABA e-ADR Task Force
- ICANN
- AAA
- JAMS
In terms of Dispute Resolution Processes: Main possibilities are Negotiation, Mediation, Arbitration
Technically, different structures and needs
Great introductory language by Colin describing ODR:
- "ODR can be as rudimentary as using email to set up a face to face meeting with a neutral, or as extensive as empaneling an online jury to hear a full set of formal arguments . . . "
- "can be automated negotiation processes administered by computer, or provide world class experts to administer binding arbitration . .
- "can be legalistic and precedent based like courts or flexible exception handling mechanisms that are an extension of customer service . . .
- "Any use of technology to compliment, support, or administer a dispute resolution process falls into the world of ODR."
Initial assumption, try to replicate best of face to face world online.
Then recognized whole new context.
Note Colin's review of modalities, qualities, uses: beg p. 47 -- also see p 246 onward!
- Synch and Asynch
- Chat
- Discussion Environments
- Instant Messaging
- Audio Conferencing
- Video Conferencing
Meta: Matching Systems with Disputes
New Ideas:
- Automated Negotiation
- Solution Set Data Bases
- Blind Bidding
- Automated Arbitration
- Optimization Programs
Advantages of ODR
- Speed
- Asynchrony
- Power Differential
- Research
- Cooling Distance
- Reflective communication
- Race, Sex, Age?
- Anonymous communication?
- Convenience
- Access to best neutrals and experts?
Advantages for Neutrals
- Asynchronous communication
- Framing ability
- Concurrent caucusing
- Ongoing consensus evaluation
- Invisible mentoring
- Archived communication - late joiners - review
- Reusable language
Downsides
- of archived communication
- privacy and confidentiality concerns
- dropping out and stonewalling
- lack of non-verbal cues
- challenges to building rapport
Online Redress
BBB: "Online merchants should seek to resolve customer complaints and disputes in a fair, timely and effective manner . . . Online merchants shall also offer a fair method for resolving differences with regard to a transaction by offering either an unconditional money-back guarantee or third party dispute resolution."
Consider current blowback from "consumer arbitration"
Main Models Moving Forward
- Automated Negotiation
- Full Range Mediation and/or Arbitraiton
- Blind Bidding - exchange of offers
- System Design
- Multi-Party Disputes
- E-democracy
- Privacy disputes
Setting Standards
p 301 - "if you squint a bit and look into the future, all ADR starts looking like ODR."
List of Providers in Appendix
