What's New
ODR Gaining Traction (5/21/12)
Colin Rule Courtroom showdowns make for great movie scenes, but To Kill a Mockingbird’s Atticus Finch would be shocked to hear that the courts are only resolving a fraction of today’s legal disputes. A growing number of cases are being resolved by online tools, and sometimes lawyers and judges are not even involved. Impartial web-based systems apply computation, algorithms and cryptographic technology to bring about resolution quickly and inexpensively.
ODR and Napoleon: World Conquest (4/30/12)
F. Peter Phillips No sooner had Colin Rule addressed my students at New York Law School but we met each other again in Washington, DC, where he was on a panel on online dispute resolution at the Annual Meeting of the ABA’s Section on Dispute Resolution. Colin’s seven years with EBay/Paypal, combined with his new start-up Modria, have turned that sparkle in his eye to a glint. He sees the future, does Colin, and it doesn’t include lawyers — or the law.
(4/24/12)
Keith Seat
The Mediation Center of the Internet Society of China has prepared the Internet Intellectual Property Disputes Mediation Handbook with the assistance of Beijing Higher People’s Court and other People’s Courts. The Handbook took effect on February 1 and focuses on online mediation of IP disputes, mediation of court-referred cases, and other areas.
China Daily (March 14, 2012); Research Paper Download Center
Online Mediation Simulations via Skype - Video (4/16/12)
Virtual Mediation Lab A new pilot project by the Association for Conflict Resolution Hawaii Chapter to show how new and experienced mediators can practice and improve their mediation skills by participating with other mediators in online mediation simulations via Skype.
Conflict Resolution on Pinterest (3/26/12)
Colin Rule “Last week another photographer posted a question on Facebook asking if it was okay to pin your own work on Pinterest. I was surprised to see that many of the photographers who commented back admonished those who pin their own work and even cited Pinterest’s suggested rules of etiquette, which apparently discourage self-promotion. That same day, I participated in a thread on Facebook in which some other photographers were complaining about people posting their work on Facebook pages without the photographers’ permission."
(3/12/12)
Keith Seat
The European Commission has set forth a detailed proposal for online dispute resolution (ODR) of consumer disputes to provide better remedies in support of cross-border e-commerce. The ODR proposal is paired with a proposed Directive on alternative dispute resolution (ADR) for consumer disputes. Many ADR entities permit consumers to submit complaints online, but very few currently allow the entire resolution process to be handled online. Establishing ODR systems will encourage consumers to shop online across borders and permit sellers to reach broader markets. The proposal is to establish an EU-wide ODR platform accessible in all EU official languages that provides a single website for those seeking to resolve cross-border e-commerce disputes. A network of ODR facilitators will be established to provide support for the ODR platform. When a complaint is submitted, the consent of the other party will be sought and the dispute transmitted to an existing national ADR entity that will attempt to resolve the dispute within 30 days, possibly using ODR. The ADR entities will apply their own procedures and rules on cost. Confidentiality applies to the ODR process, and the ODR procedures will not deprive either consumers or sellers of their right to pursue matters in court. The timeline proposed shows adoption of the ODR Regulation and ADR Directive late in 2012, with development of the ODR platform to be completed by 2015.
Mediation World (February 11, 2012)
Stuck in Arbitration (3/12/12)
Colin Rule YOU buy a cellphone, computer or car. You sign up for a credit card or open a retirement account. You apply for a job. In all these circumstances, you’re told that you must agree to dozens of terms and conditions, set forth in technical verbiage and tiny print. Eager to complete your purchase — or desperate to be hired — you ultimately sign without reading.
Mediation Skills Development Around the World - with Skype (3/05/12)
Giuseppe Leone This article discusses the practical steps in setting-up an online training system. This model uses Skype and a variety of mediation methods. It is run by the ACR Hawaii Chapter, and is used by mediators from around the world.
So What Does Identity Theft Have to do with Dispute Resolution? (3/05/12)
Michael A. Zeytoonian Early on in the movie, Field of Dreams, Ray Kinsella’s wife Annie asks him a key question as she tries to understand why her husband got sidetracked on their favorite writer, Terrence Mann, when his mission is to figure out why a voice told him to build a baseball field.
When it ain’t Easy to Say the Right Thing: How Distance Mediators Help (2/28/12)
Susanna Jani “The difference between the right word and the almost right word
is the difference between lightning and a lightning bug.” (Mark Twain). I wish I’d seen that quote years ago, when I was in the midst of my own separation. In hindsight, I can say without hesitation that many of the discussions I had with my ex about how to reorganize our lives went sideways for no other reason than that I didn’t understand how important my choice of words actually was.
EU Online Dispute Resolution for Consumer Disputes (2/15/12)
European Commission At present, the offer of ADR schemes to resolve consumer disputes related to e-commerce transactions is scattered and incomplete. In addition, while half the existing ADR schemes offer consumers the possibility of submitting their complaint online, very few offer consumers the possibility of conducting the entire procedure online. Handling the entire process online would produce time savings and ease communication between the parties.
2012: The Move to Online Dispute Resolution (2/13/12)
Hon. Arthur Ahalt As a new year begins there is always a clamor to know what is in store for the next 12 months. Some will look at last year and make a string of resolutions and predictions. While I do not pretend to be Carnac the Magnificent of Johnny Carson’s days, here is my take on the trends in 2012 that will shape ADR and ODR.
Suing Over an Online Review (1/30/12)
Colin Rule ‘A Dallas law firm has filed a lawsuit seeking to learn the identity of a commenter calling himself “Ben” who posted a bad online review.
The Lenahan Law Firm claims defamation and seeks $50,000 in damages, Texas Lawyer reports. Partner Wes Black says the suit will allow the law firm to subpoena Google to learn the commenter’s identity.
Attending By Telephone (1/23/12)
Phyllis Pollack Although the general consensus among neutrals is that the parties to a dispute should attend the mediation in person, at the same time, I have successfully mediated disputes in which one or more or all involved have attended by telephone. Indeed, I have conducted several mediations solely via telephone with success: the cases settled.
Towards Crowdsourced Online Dispute Resolution, Part 3 (1/01/12)
Jaap Van den Herik, Daniel Dimov Using crowdsourcing for solving disputes is a subject that has not been discussed in many scientific publications. However, since Crowdsourced Online Dispute Resolution (CODR) provides a cheap, fast, and democratic dispute resolution, it has a potential that needs to be explored scientifically. How should eBay solve otherwise 60 millions disputes per year? (This is a Part 3 in a 3-part series.)
The Emergence of ODR (12/19/11)
Colin Rule The Commission’s proposal represents a bold statement on the need for an accessible, well-designed and integrated system for resolving consumer disputes in the EU. If implemented successfully, it could lead to significant new dispute resolution options and other trust building mechanisms for consumers and traders and, in turn, more consumer-driven economic activity across the EU’s single market.
Resolution Center News in BC (12/12/11)
Colin Rule As shoppers fill the mall in search for the perfect gift this holiday season, there’s bound to be some problems. A not-for-profit group has launched a new pilot project aimed to help and protect the consumer.
Towards Crowdsourced Online Dispute Resolution, Part 2 (11/28/11)
Jaap Van den Herik, Daniel Dimov Using crowdsourcing for solving disputes is a subject that has not been discussed in many scientific publications. However, since Crowdsourced Online Dispute Resolution (CODR) provides a cheap, fast, and democratic dispute resolution, it has a potential that needs to be explored scientifically. This article discusses the stages of CODR.
Technology in the CA Courts (11/21/11)
Colin Rule This post examines the state of technology in the California courts, as well as its commitments to advancing the cause.
The Joy of Mediating in my P.J.’s: Telephone-based Mediation (11/07/11)
Susanna Jani In today’s post our distance mediation team member, the inimitable Ronald Smith, Q.C., describes his own experiences with using the telephone to conduct family mediations. He also shares some of the interesting (and surprising!) lessons he has learned about working with this communication medium:
Imagining the Future (11/07/11)
Joe Markowitz Congratulations to my fellow SCMA board member, and new president Barbara Brown, for pulling off a very successful SCMA fall conference at Pepperdine this weekend!
A Mediator Marketing Success Story – Kipling Williams: San Francisco Workplace Mediator (11/05/11)
James Melamed Kipling Williams left a successful workplace management career in the Washington D.C. area to move to San Francisco to, of course, follow his heart. Beginning anew in San Francisco presented an opportunity for this web consultant, a sort of “blank slate,” upon which my marketing experiments could be performed. Whatever visibility I could create for Kipling, we could call that our own. It is against this background that I sought to assist Kipling to expeditiously develop his online visibility as a “San Francisco workplace mediator.” I did not expect that we would create Kipling as an outright Google rock star in the process.
Deciphering Life via Game Theory (11/04/11)
Phyllis Pollack Mr. Mubarak’s influence waned as cuts in American aid threatened his ability to keep cronies in the army and security forces happy. Underemployed citizens then realized that disgruntled officials would be less willing to use violence to put down street protests against the ailing dictator.
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