ODR Theory and Practice - Chapter 18: ODR and e-Arbitration – Trends & Challenges
Mohamed S. Abdel Wahab
This chapter is divided into five sections. In section 1, the author sheds
light on the conceptual framework of e-arbitration. In section 2, the issues pertaining
to the e- arbitration agreement are scrutinized. Section 3 focuses on e-arbitral
proceedings and section 4 addresses e-arbitral awards. Section 5 provides
an overview of some e-arbitration projects and initiatives. Finally, the author offers some
ODR: Using Online Dispute Resolution and Recommendations for Further Use
ODR stands for Online Dispute Resolution. It is a form of dispute resolution that occurs digitally and where parties are not in the same room or perhaps even the same country. Rather, technology is making it possible for parties to resolve their conflict. Parties can communicate through use of e-mail, teleconferencing or chat. With ODR, there is the possibility for a third, neutral, party to moderate the communication and help parties towards conflict resolution.
Is Compromise Possible?
Any serious talk of pragmatism and compromise in American politics usually ends with some nettlesome questions: What about the social issues? What about abortion? What about gun control? These are issues on which reasonable people disagree passionately. Anyone who tells you that there is a “right” answer on abortion has not spent much time thinking about the issue or lacks the empathy to appreciate how other people think about it. Americans’ views on these issues tend to be theological — literally in many cases.
ODR Theory and Practice - Chapter 17: eMediation
This chapter beings with a brief discussion of the developmentof e-mediation within the wider context of ODR growth. Next, a snapshot is provided
of the field’s status quo with respect to stakeholders, modes of communication and technology utilized, as well as the prevailing trends. The third section addresses substantive and process issues in e-mediation: mediation process models, stages and issues, practitioner skills, professional issues, ethics and practitioner standards.
ODR Theory and Practice - Chapter 16: ODR and eNegotiation
Ernest Thiessen, Paul Miniato, Bruce Hiebert
Online dispute resolution (ODR) and eNegotiation are two overlapping components within
the world of electronic group decision support systems. eNegotiation encompasses all
online transactions in which two or more parties seek an agreement through negotiation.
These negotiations can range from e-Commerce to international peace treaties.
ODR Theory and Practice - Chapter 15: ODR and Ombudsmanship
This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific
dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences
and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the
Internet Corporation for Assigned Names and Numbers (ICANN).
ODR Theory and Practice - Chapter 14: ODR and the Courts
Karim Benyekhlef, Nicholas Vermeys
Whilst acknowledging that ODR assumes two roles as a competing and complementing
system to state courts, our focus in the following pages shall be exclusively directed to the
complementary role of ODR, and to the development of court annexed ODR schemes.
Accordingly, we shall commence by providing an overview of how states have started to
incorporate ODR into the legal process, and then proceed to shed light on possible
future paths for state-run ODR systems.
Online Mediation: If the Shoe Fits
As the Internet expanded the opportunities for transactions among buyers and sellers from different counties, several roadblocks emerged during disputes, including the expense of filing a lawsuit in a foreign country, the complex jurisdiction issues, and the distances involved. In response, an online forum surfaced as the most efficient way for the two parties to resolve any potential conflicts. Skeptics of online mediation have resisted the new forum due to the inability to communicate face-to-face and the lack of familiarity with the cyber-environment. Today, however, online mediation is no longer perceived as an experiment. As a matter of fact, the cyberspace model of online dispute resolution has expanded its disputes from simple e-commerce transactions to cater to a wide array of disputes.
ODR Theory and Practice - Chapter 13: ODR and Justice
Ruha Devanesan, Jeff Arresty
In this chapter, we analyze the interaction between traditional concepts of justice and fields in which
Online Dispute Resolution (ODR) has flourished and is burgeoning. We then explore the
ways in which justice as traditionally conceptualized is adapting to the digital environment,
and ask the question: Are traditional notions of justice relevant to contemporary online
interactions between individuals, businesses, and governments?
One Language and One Video at a Time
Online mediation is becoming increasingly popular. Giuseppe Leone is hoping to build on this popularity by using Skype to give mediators practice at testing their dispute resolution skills. Mr. Leone also points out that viewing a mediation role play can alleviate some clients' fears of the unknown.
ODR Theory and Practice - Chapter 12: ODR and Government
Ethan Katsh, Daniel Rainey
The topic at hand is the use of the Internet to govern, and the role that ODR can play in e-government. Our discussion of e-government will be divided into three main sections: What has changed?; What must government (and e-government) do?; and Where are e-government and ODR going?
Developing an Online Mediation Practice
This article chronicles the observations and lessons learned of a mediator, new to both webcam communication and online mediations, during a series of simulated mediations with Virtual Mediation Labs (VML). Ben describes some of the problems he encountered during the simulations and the implementation of Skype into his practice and how instrumental the VML programme is to a prospective online mediator. The lessons learned in this article will enable a mediator to be aware of the fundamentals of online mediation and gives a brief synopsis of the commonest problems encountered during online mediation.
Online Dispute Resolution Theory & Practice - Chapter 10: ODR and Culture
This chapter begins with some basic definitions of culture, then address the relationship between ODR technology and culture, and finally offers observations about what may be the short term future of intercultural exchanges mediated by online dispute resolution tools.
Online Dispute Resolution Theory & Practice - Chapter 9: ODR and Online Reputation Systems
Colin Rule, Harpreet Singh
The authors consider issues of ODR and online reputation systems. As with any complex system, especially one as enormous and complex as a global reputation system, inaccuracies and fraud can arise, and these issues can result in disagreements between users. Timely resolution of these disagreements is essential to the continued health and success of any reputation system.
ODR Theory and Practice - Chapter 7: ODR and E-Commerce
Aura Esther Vilalta
Cyberspace has become a realm of commerce and a market with various kinds of transactions using acronyms such as: C2C, B2C, B2B, C2B or M2B. It removes traditional barriers between “offerors” (producers, sellers, etc) and “offerees” (clients, users, consumers.). Time, geographical distance and language are no longer obstacles to trade and, consequently, cross border disputes have increased. Online Dispute Resolution (ODR) mechanisms have emerged as a natural response to the need for new dispute resolution systems.
Looking at E-mail Negotiations with the TKI Conflict Model
There appears to be a rapid increase in the use of e-mail exchanges for resolving all kinds of personal and workplace conflicts. Instead of taking the extra time for phone calls, virtual meetings, or those old-fashioned face-to-face discussions, people are texting or e-mailing their concerns and solutions to one another.
ODR Theory and Practice - Chapter 5: Mobiles and ODR: Why We Should Care
This chapter explores the importance of mobile smart phones. The mobile phone is to many in the world their first PC. Mobiles today are more capable than average PCs were a few years ago. They are more pervasive, affordable and utilitarian and revolutionizing both ODR and ADR.
Judicial Activism and eDiscovery
Michael P. Carbone
Many attorneys shudder at the notion that the judiciary should choose (or at least strongly urge) the specific technology tools parties must use during discovery. The concern is based largely on the belief that many judges lack familiarity with the range of eDiscovery technology tools that exist today. Parties, mediators, attorneys and judges should familiarize themselves with these available tools.
Less E-Mail, More Talk
I have never been a big fan or, in truth, much of a fan, of e-mail. I prefer to pick up the telephone and have a real, live actual conversation. Why? To get to know the person, or to get to know her better. Simply put, it is “building rapport”!
Mediate.com on Target to Reach 5 Million 2013 Visitor Sessions
In his annual report, Jim Melamed announces that Mediate.com, the world’s most visited mediation web site, is on schedule to achieve 5 million visitor sessions during 2013. Jim compares Mediate’s deep roots and contributions to the ADR industry to the emergence of questionable “opaque” directory services. Mediate’s 2013 Conference Schedule is also listed.
ODR Theory and Practice - Chapter 2: Online Dispute Resolution and the Development of Theory
Daniel Rainey, Leah Wing
We are honored to make "Online Dispute Resolution: Theory and Practice" (Editors: Mohamed S. Abdel Wahab, Ethan Katsh & Daniel Rainey) available through Mediate.com. The book's twenty four chapters are being made available over twenty four weeks. We here offer the Second Chapter on "Online Dispute Resolution and the Development of Theory" by Daniel Rainey and Leah Wing.
SPECIAL: Online Dispute Resolution: Theory and Practice - Forward, Introduction & Chapter 1
Ethan Katsh, Daniel Rainey, Mohamed S. Abdel Wahab, Richard Susskind
As a service to ADR and ODR fields, Mediate.com is honored to make the book "Online Dispute Resolution: Theory and Practice" by Mohamed S. Abdel Wahab, Ethan Katsh and Daniel Rainey ( Eds.) available through Mediate.com. The book's twenty four chapters will be made available during the next twenty four weeks. We here begin with the Forward, Introduction and First Chapter of "Online Dispute Resolution: Theory and Practice."
Review of Picture It Settled® Software for Negotiation
As a lawyer, a district judge and now as a mediator for many years now, I have always sought out useful technology tools to make the process work better. I have seen parties use static Excel spreadsheets and midpoint analysis to try to project settlement numbers, but the negotiation process is much more sophisticated than that.
IRS Mediation Pilot
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Taxpayers under audit and facing an assessment in excess of $1 million may be able to participate in mediation to expedite resolution of their case as part of a new Department pilot program. The timeframe for requesting to participate in the mediation program is limited, so taxpayers should be prepared to make the request prior to their exit conference.