International Online Dispute Resolution (ODR) Forum, Oct. 29-30, 2019 in Williamsburg, Virginia. Schedule of Speakers and Topics
Principles of Alternative Dispute Resolution
Principles of Alternative Dispute Resolution, in its fourth edition, is a Concise Hornbook, published by West Academic. More information is available by clicking on the photo.
Showing posts with label Online Dispute Resolution. Show all posts
Showing posts with label Online Dispute Resolution. Show all posts
Thursday, August 8, 2019
Thursday, June 1, 2017
Online Dispute Resolution in Which Court System Helps Individuals
Interesting paper, ODR and Justice System Integration: B.C.'s Civil Resolution Tribunal, in the Windsor Yearbook of Access to Justice, by Shannon Salter of Peter A. Allard School of Law, University of British Columbia.
The description of the Civil Resolution Tribunal sounds very user-friendly for individuals. For example:
The description of the Civil Resolution Tribunal sounds very user-friendly for individuals. For example:
Before beginning a claim with the CRT, a person with a dispute can access a free online tool called the Solution Explorer, which uses guided pathways to help a person learn more about their dispute so that they can make informed choices about how to resolve it. The Solution Explorer asks a series of questions about the dispute, and then provides information and resources tailored to that dispute. For example, someone contesting a condominium bylaw fine might be given information about the applicable provisions of the Strata Property Act as well as a template letter to edit and send to their condominium council. At the end of the pathway, the Solution Explorer provides a summary of the person’s claims, as well as recommended resources and next steps.
Wednesday, April 26, 2017
Consumer Dispute Resolution Online
The New Handshake: Online Dispute Resolution and the Future of Consumer Protection is a new book by Missouri Law Professor Amy J. Schmitz and Modria.com Co-Founder Colin Rule. The book "uses Online Dispute Resolution (ODR) to provide fast and fair resolutions for low-dollar claims, such as those in most B2C (Business-to-Consumer) contexts."
Tuesday, May 12, 2015
Online Dispute Resolution
Online Dispute Resolution is the topic of a conference at JAMS New York City office, June 3-5, 2015, hosted by Pace University School of Law.
Monday, October 13, 2014
Wikipedia Alternative Dispute Resolution
Your Day in 'Wiki-Court': ADR, Fairness, and Justice in Wikipedia's Global Community by
York University - Osgoode Hall Law Professor Sara Ross.
The abstract:
Wikipedia has quickly become the largest volume of collected knowledge on the planet, but it is also one of the busiest centers for dispute resolution in the world. From small groups of individuals negotiating article changes on “talk pages”, to the involvement of hundreds of people in the formation of the community consensuses needed to implement new policies, to the use of binding arbitration to create final conflict resolutions, the Wikipedia community has developed a complex network of norms and rules that funnel all disagreements and intractable differences through a series of progressively more involved dispute resolution processes. I provide an overview and analysis of the dispute resolution processes used by the community and will look to the successes and limitation of these processes. A number of flaws will be identified including the ability for vocal minorities to dominate the Wikipedia community consensus. A systemic bias will be identified in the behavioural landscape of the community and, finally, it will become apparent that there is room for growth in the website’s inclusiveness, primarily through addressing the logistical realities of a potential user’s access to the time, materials, and knowledge needed to become a contributing member of the Wikipedia community.
York University - Osgoode Hall Law Professor Sara Ross.
The abstract:
Wikipedia has quickly become the largest volume of collected knowledge on the planet, but it is also one of the busiest centers for dispute resolution in the world. From small groups of individuals negotiating article changes on “talk pages”, to the involvement of hundreds of people in the formation of the community consensuses needed to implement new policies, to the use of binding arbitration to create final conflict resolutions, the Wikipedia community has developed a complex network of norms and rules that funnel all disagreements and intractable differences through a series of progressively more involved dispute resolution processes. I provide an overview and analysis of the dispute resolution processes used by the community and will look to the successes and limitation of these processes. A number of flaws will be identified including the ability for vocal minorities to dominate the Wikipedia community consensus. A systemic bias will be identified in the behavioural landscape of the community and, finally, it will become apparent that there is room for growth in the website’s inclusiveness, primarily through addressing the logistical realities of a potential user’s access to the time, materials, and knowledge needed to become a contributing member of the Wikipedia community.
Monday, August 25, 2014
Online Dispute Resolution
The Dilemma of Private Justice Systems: Big Data Sources, the Cloud and Predictive Analytics by Indiana University business professor Anjanette Raymond. The abstract:
In the age of big data, demanding customer expectations, and increasingly limited access to justice for small claims arising from online sales, business organizations are moving to enhanced online customer complaint platforms and insisting upon increased online justice resolution systems. At the same time, online businesses, even websites you fail to think of as a business, are moving from traditional analytics that provide a snapshot of the past, to solutions that provide an accurate picture of the present and a prediction of future trends. For many, predictive analytics is the wave of the future.
In many ways, the use of predictive analytics is a wonderful occurrence, as our packages will arrive in a more timely manner, our advertising will be more personal and our online and physical lives will be tailored, monitored and adjusted to our interests, life styles and immediate needs without so much as a hiccup. However, what will happen when the current push for private online dispute resolution systems meets the current big data gathering of a private market? Will the private online dispute resolution providers use the information gathered for good, or as a means to quickly resolve disputes without notice of the law, personal rights and/or ethical outcomes? Worse yet, what will happen when the private market of online dispute resolution faces the demands of a business environment that would prefer analytic outcomes to be skewed to favor the business? Bear in mind, these issues do not arise in a prediction, these private online dispute resolution mechanisms already exist and are growing in support and use on a daily basis.
This paper will explore the emerging issue that occurs when private online dispute resolution providers are allowed, without transparency, oversight, or regulation, to create a justice system that knows a lot of personal information about you but is required to follow no legal standard or regulation to resolve your dispute with a merchant.
In the age of big data, demanding customer expectations, and increasingly limited access to justice for small claims arising from online sales, business organizations are moving to enhanced online customer complaint platforms and insisting upon increased online justice resolution systems. At the same time, online businesses, even websites you fail to think of as a business, are moving from traditional analytics that provide a snapshot of the past, to solutions that provide an accurate picture of the present and a prediction of future trends. For many, predictive analytics is the wave of the future.
In many ways, the use of predictive analytics is a wonderful occurrence, as our packages will arrive in a more timely manner, our advertising will be more personal and our online and physical lives will be tailored, monitored and adjusted to our interests, life styles and immediate needs without so much as a hiccup. However, what will happen when the current push for private online dispute resolution systems meets the current big data gathering of a private market? Will the private online dispute resolution providers use the information gathered for good, or as a means to quickly resolve disputes without notice of the law, personal rights and/or ethical outcomes? Worse yet, what will happen when the private market of online dispute resolution faces the demands of a business environment that would prefer analytic outcomes to be skewed to favor the business? Bear in mind, these issues do not arise in a prediction, these private online dispute resolution mechanisms already exist and are growing in support and use on a daily basis.
This paper will explore the emerging issue that occurs when private online dispute resolution providers are allowed, without transparency, oversight, or regulation, to create a justice system that knows a lot of personal information about you but is required to follow no legal standard or regulation to resolve your dispute with a merchant.
Monday, July 14, 2014
Online Mediation and Online Arbitration
Teaching online dispute resolution through a simulation exercise by Noam Ebner of Creighton University School of Law's Werner Institute for Negotiation and Dispute Resolution. His abstract:
BeatleMania! is a simulation for studying and experiencing online dispute resolution. Two parties to an eBay transaction gone awry, regarding the sale of Beatles memorabilia, set out to resolve their differences with the assistance of a third party mediator.
This simulation is structured to allow communication to be conducted though any online medium selected jointly by the parties and mediators. In other words, the storyline supports this mediation being conducted via email, videoconferencing or other media. teachers can instruct students regarding use of specific media, if they prefer to focus on a particular medium.
Also, I recently learned about equibbly which advertises:
Avoid the Nightmare of Going to Court
Have a former Court Judge decide your case online in under two weeks
Save time and money. Using eQuibbly is quicker, cheaper and more convenient than going to small claims court to settle your dispute.
BeatleMania! is a simulation for studying and experiencing online dispute resolution. Two parties to an eBay transaction gone awry, regarding the sale of Beatles memorabilia, set out to resolve their differences with the assistance of a third party mediator.
This simulation is structured to allow communication to be conducted though any online medium selected jointly by the parties and mediators. In other words, the storyline supports this mediation being conducted via email, videoconferencing or other media. teachers can instruct students regarding use of specific media, if they prefer to focus on a particular medium.
Also, I recently learned about equibbly which advertises:
Avoid the Nightmare of Going to Court
Have a former Court Judge decide your case online in under two weeks
Save time and money. Using eQuibbly is quicker, cheaper and more convenient than going to small claims court to settle your dispute.
Monday, February 17, 2014
Online Alternative Dispute Resolution
Negotiation, mediation and even adjudication can occur online. This Online Dispute Resolution (ODR) is the subject of an article by Indiana University business law professors
Wisconsin Law Review, 2014
Abstract:
Ohio State Law Professor Sarah Rudolph Cole and I wrote about ODR here
Scott Shackelford and Anjanette Raymond: "Building the Virtual Courthouse: Ethical Considerations for Design, Implementation, and Regulation in the World of ODR"
Wisconsin Law Review, 2014
Abstract:
For some time now, there has been a well-documented movement toward alternative dispute resolution (ADR) and away from traditional litigation through courts in the United States and around the world. The benefits of the ADR movement are manifold, ranging from greater control over the process of dispute resolution to alleviating overburdened courts. But the costs of ADR are also becoming increasingly apparent, including a relative lack of due process protections. A more recent phenomenon is the marriage of technology to ADR, creating the field of online dispute resolution (ODR). Increasingly, both public- and private-sector actors are moving towards ODR to resolve low-value disputes. Some companies, such as Modria, are seeking to increase efficiency still further through automating the dispute resolution process through the use of algorithms, effectively removing humans from the justice delivery system. The limited literature analyzing the ODR movement has so far neglected the ethics of these emerging systems. Where should policymakers, business leaders, and societies draw the line between disputes that may be resolved online, potentially using an automated system, and those requiring in-person hearings? This Article seeks to begin the conversation about these questions by reviewing the current technological state of ODR and its use by companies including eBay, Modria, and Cybersettle, among others, before moving on to consider ethical ODR issues including balancing such values as transparency, efficiency, and conflict dynamics. Finally, suggestions for regulating this burgeoning industry are made drawing from the interdisciplinary literature on polycentric governance.
Ohio State Law Professor Sarah Rudolph Cole and I wrote about ODR here
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