Our task now is not to fix the blame for the past, but to fix the course for the future. John F. Kennedy
ODR Articles - What's New
Video-based mediation – it’s starting to happen. What do we need to know? (4/16/14) Noam Ebner I recently had the pleasure of writing a paper with my student-turned-teacher, Jeff Thompson (an alumnus of our Negotiation and Dispute Resolution program at Creighton and the Wizard Behind the Curtain at ADRHub). Jeff works on non-verbal communication in mediation, and is also in involved in ODR. Putting those together with my own interest in the role of trust in ODR, we mapped out some issues at the juxtaposition of trust, non-verbal communication and online, video-based, mediation. You can read this article, soon to appear in the International Journal of Online Dispute Resolution, here. 1 Comment
Yes, It Can Be Done: Ten Mediation Program Models, One Online System (3/30/14) Jennifer Shack When Resolution Systems Institute received a grant from the Illinois Attorney General to develop foreclosure mediation programs across the state, it was our opportunity to practice what we preach. From RSI’s inception, we’ve been telling courts that they need to monitor and evaluate their mediation programs to ensure that they’re providing quality services to those who come to them to resolve disputes. We’ve also been urging them to incorporate the development of a monitoring and evaluation system into their program design process.
Mediate is Top Ranked Mediation Website (2/04/14) Mediate.com Mediate.com is ranked the top mediation and dispute resolution website by Alexa in its February 1, 2014 global website rankings. In business since 1996, Mediate.com has over 15,000 searchable mediation articles, blog posts, news items and videos. Mediate.com also hosts the most used mediator directory and offers mobile friendly website development, professional promotional services and cloud-based case management systems.
Apple & Samsung Agree to Mediation (1/24/14) Beth Graham Electronics giants Apple, Inc. and Samsung Electronics Co. have reportedly agreed to engage in mediation over the companies’ latest technology dispute. In Apple Inc. v. Samsung Electronics Co. Ltd., No. 11-1846 (N. D. California), the two smartphone manufacturers are once again at odds over patented technology related to Samsung’s Android operating system.
ADR, ODR, e-Mediación y Negociación Automática (1/05/14) Andres Vazquez Los mecanismos en línea que se vienen implementando en todo el mundo para la resolución alternativa de conflictos, abarcan procedimientos con características propias, y diferentes perfiles conceptuales, en donde las fronteras –en ocasiones extremadamente sutiles- existen y determinan su naturaleza jurídica.
Family Violence and ODR (12/23/13) Maria Eugenia Sole While conflict is inevitable and inherent to the family, violence is an inadequate manifestation of tensions and conflicts that goes beyond the capacity of response of individuals, due to serious situations of psycho-emotional, sociocultural or economic limitations. In this sense, violence is the extreme manifestation of the constraints to which families are subjected.
Online Mediation Helps Mediators Practice and Improve Their Skills (12/13/13) Giuseppe Leone For a variety of reasons, mediators-in-training are finding it is helpful to supplement their existing training with online role-plays. Online Mediation Training participants, or those transitioning to mediation while working or studying full-time, will appreciate the ease and convenience of conducting their mediation role-plays, debriefs, and feedback online.
8 Top Mobile Apps for Mediators (10/18/13) Alexander Stuehr This article highlights some popular mobile apps that ADR practitioners may find useful. It also draws attention to the trends in mobile computing that many of their potential clients will already be using or familiar with.
Online Dispute Resolution (ODR): What is it, and is it the Way Forward? (9/27/13) Beth Graham This article provides a concise explanation of the notion of “dispute resolution” in cyberspace. It reviews some of the recent studies on the use of Online Dispute Resolution (ODR), especially the use of e-negotiation, e-mediation and e-arbitration, considers the issues concerning the intricacies of settling and resolving disputes in cyberspace and concludes that the idea of banishing offline dispute settlement and dispute resolution methods — in the near future — is extremely unlikely ever to come true.
Access to Justice v 3.0 (8/02/13) Ian MacDuff We shall not cease from exploration
And the end of all our exploring
Will be to arrive where we started
And know the place for the first time.
T.S. Eliot — “Little Gidding” (the last of the “Four Quartets”)
A Brain-Based Analysis of Online Mediation (6/20/13) Ana Gonçalves For some dispute resolution professionals, “online” is a dirty word that should not be associated with mediation. The main reason offered is that online is not a “normal” or “true” social interaction and that technology is not reliable enough for such a difficult process as conflict resolution. For other professionals, online mediation is a no-brainer: it’s a great substitute to face-to-face mediation for parties who might never have the time and/or money to travel to meet each other in a neutral place.
The NSA, Mediation and Digital Accountability (6/11/13) James Melamed 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) (6/06/13) James Melamed 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) (6/04/13) Daniel Rainey 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 (6/03/13) James Melamed 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. 4 Comments
Interview with Jason Dykstra on Social Media (5/27/13) Jason Dykstra 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.
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 (5/20/13) James Melamed 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 (5/18/13) 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 (5/18/13) 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 (5/17/13) 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 (5/17/13) Dennis Huizing 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? (5/17/13) Colin Rule 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.
eMediation (5/16/13) Noam Ebner 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 (5/15/13) 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 (5/13/13) Frank Fowlie 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).