The NSA, Mediation and Digital Accountability
Our society’s and the world’s reaction to the NSA’s massive data collection efforts and the ongoing evolution of the privacy vs. security debate have rather profound implications for the future of mediation. I call this concept of how we adjust our digital communications given our perception of the possible unintended exposure of those communications, “digital accountability.” The good news is that digital accountability may not all be bad.
Interview with Jim Melamed (video)
This interview by Dave Hilton, host of the Conflict Specialists Show, with Jim Melamed, CEO of Mediate.com, describes the development of Mediate.com, mediation marketing, Caseload Manger and the future of online dispute resolution.
Interview of Daniel Rainey (video)
This interview by Dave Hilton, host of the Conflict Specialists Show, with Dan Rainey, Chief of Staff of the National Mediation Board, addresses issues of labor-management mediation in the transportation sector and issues of online dispute resolution.
SYNC, UN-SYNC, RE-SYNC – An Emerging Paradigm for Online Mediation
The incorporation of the Internet into mediation as an augmentation to “face-to-face” discussions or when the mediation fully takes place online calls for new understandings about how to best structure and understand both online mediation and all mediation. In fact, to some extent, all mediation is now “online mediation.” I here propose a new essential paradigm that I call “Sync, Un-Sync, Re-Sync,” and sketch out why I believe this reconceptualization of online mediation is valuable.
Interview with Jason Dykstra on Social Media
This interview of Jason Dykstra by Dave Hilton of the Conflict Specialists Show addresses such issues as social media and conflict; relational conflict; hot buttons and listening; conflict audits; and social media strategies.
Announcing Three New Online Dispute Resolution (ODR) Websites
Resourceful Internet Solutions, Inc. (RIS) and our flagship sites Mediate.com and Arbitrate.com are proud to announce the launch of three new online dispute resolution websites at:
The world of online dispute resolution is growing rapidly and at an accelerating pace based both upon purely online initiatives and because all mediators and arbitrators are now "online mediators and arbitrators." We all now use the internet extensively in nearly every case. We hope and trust that you will gain great value from our new ODR websites.
Negotiating & Mediating Parenting Screen Time Agreements
How the world has changed! It used to be that divorcing couples would fight over family pictures, music collections and fear losing contact with their absent child. Digital pictures, digital music and “Skype parenting time” have now dramatically altered this divorced parenting landscape. Compelling is the new critical need for parents to directly address screen time and digital media issues in a constructive way. These issues are challenging for any family and doubly challenging when a child is being raised between two households.
ODR in North America
Arthur Pearlstein, Noam Ebner, Bryan Hanson
In the chapter, the authors map out the state of ODR private market services and look at our federal government and its potential roles
as a major provider and user of ODR services. The US and Canada have not only spear-headed the offering of ODR services. North American institutions were also the first to set up research institutes in this area of dispute resolution, as well as to incorporate ODR into academic curricula.
ODR in Europe
Graham Ross, Marta Poblet
This paper offers an overview of the present situation of ODR in Europe and discusses effective development of ODR deployments to handle online,
offline, national and cross-border disputes in Europe. To do so, we proceed by first defining the scope of ODR and reviewing existing services. We then continue by analyzing the major challenges faced by ODR in Europe and finally conclude by suggesting some future scenarios.
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.
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 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 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 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.
The Promise and Reality of Online Dispute Resolution in Australia
Chinthaka Liyanage, Tania Sourdin
It is clear that Online Dispute Resolution (ODR) has grown significantly in response to local and international factors within Australia over the past decade. This growth is partly attributable to a healthy Alternative Dispute Resolution (ADR) environment within Australia. The use of ADR in Australia is widespread and all Courts and Tribunals now have the power to mandatorily refer disputes to ADR processes.
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 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 in Latin America
What are the prospects for ICT and the development of Digital Economy in the Latin American region? Is the region ready for ODR? What about its readiness for a Global ODR system for cross border e-commerce? This chapter poses some answers to these questions, suggests some other possibilities, and
poses several more questions for further discussion.
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.
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 in Africa
Mohamed S. Abdel Wahab
Technologic implementation in
traditional dispute resolution schemes, as well as the creation of new forms of technology
based processes, is still at its inception in the overwhelming majority of African States.
Online Dispute Resolution for Consumers
ODR in the consumer context refers to the use of ICT tools and methods (usually alternative to the court system) employed by businesses and consumers (B2C) to settle conflicts that arise out of economic transactions between the parties, particularly in e-commerce.
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
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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.