This article addresses three issues related to online dispute resolution (ODR) that offer promise, and may carry risks for those who develop, provide, and use technology to address disputes and confects. The authors offer some principles to guide the use of technology, and some predictions about the future of ODR. |
Search result: 10 articles
Article |
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Journal | International Journal of Online Dispute Resolution, Issue 1 2021 |
Keywords | access to justice, digital divide, Artificial Intelligence, algorithms, Online Dispute Resolution |
Authors | Daniel Rainey and Larry Bridgesmith |
AbstractAuthor's information |
Article |
Beyond the Singapore ConventionThe Importance of Creating a ‘Code of Disclosure’ to Make International Commercial Mediation Mainstream |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | Singapore Convention, mediation, expectations, enforcement, commerce, international |
Authors | Ana Maria Maia Goncalves, François Bogacz and Daniel Rainey |
AbstractAuthor's information |
On 6 August 2019, the Singapore Convention on Mediation was announced. The Convention parallels the New York Convention for arbitration by moving to legitimize mediation as a dispute resolution method for international commercial transactions. The Convention tries, in particular, to address the enforceability of mediation settlements by referring to the application of mediation ‘standards’ in Article 5 (e). Mediation standards have been a controversial topic in professional circles since the rise of mediation as an alternative dispute resolution process, because of the extreme diversity of mediation approaches across the world. We argue that all stakeholders in the mediation ecosystem should focus on creating a ‘Code of Disclosure’ as a complement to the Singapore Convention, that such a ‘Code of Disclosure’ may be the first step towards a future ‘Uniform Code of Conduct’, and that a code of disclosure will bring certainty to parties about the international commercial mediation process, which is a key prerequisite for its true adoption. |
Article |
Digital Identity for Refugees and Disenfranchised PopulationsThe ‘Invisibles’ and Standards for Sovereign Identity |
Journal | International Journal of Online Dispute Resolution, Issue 1 2019 |
Keywords | digital identity, sovereign identity, standards, online dispute resolution, refugees, access to justice |
Authors | Daniel Rainey, Scott Cooper, Donald Rawlins e.a. |
AbstractAuthor's information |
This white paper reviews the history of identity problems for refugees and disenfranchised persons, assesses the current state of digital identity programmes based in nation-states, offers examples of non-state digital ID programmes that can be models to create strong standards for digital ID programmes, and presents a call to action for organizations like International Organization for Standardization (ISO) and the United Nations High Commissioner for Refugees (UNHCR). |
Part II Private Justice |
Standards, Qualifications, and Certification for e-Mediators |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | Online Dispute Resolution, e-Mediation, ethics, standards of practice, qualifications, certification, International Mediation Institute, Association for Conflict Resolution, American Bar Association, American Arbitration Association, National Center for Technology and Dispute Resolution, International Council for Online Dispute Resolution, National Center for State Courts |
Authors | Ana Maria Gonçalves and Daniel Rainey |
AbstractAuthor's information |
This article explores the question ‘how does one judge whether a mediator working online is competent?’ The authors compare the basic standards used to certify mediators working offline to a set of e-mediation standards developed by the International Mediation Institute, and suggest that training modules addressing the specific skills and competencies needed to be a successful online mediator be incorporated into basic mediator training. |
Conference Paper |
Creating Standards for ODR |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Authors | Daniel Rainey |
Author's information |
Conference Paper |
Justice Reimagined: Online Dispute Resolution and the Justice SystemEditor’s Introduction |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Authors | Daniel Rainey |
Author's information |
Conference Paper |
Smart Contract Panel Opening Comments |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Authors | Daniel Rainey |
Author's information |
Article |
Model Standards of Conduct for Mediators[Annotated for Online Dispute Resolution Practice in 2016] |
Journal | International Journal of Online Dispute Resolution, Issue 1 2016 |
Authors | Daniel Rainey |
Author's information |
Editorial |
Conflict Engagement and ICT: Evolution and Revolution |
Journal | International Journal of Online Dispute Resolution, Issue 2 2016 |
Authors | Daniel Rainey |
Article |
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Journal | International Journal of Online Dispute Resolution, Issue 1 2014 |
Keywords | ODR, ethics, fourth party, ADR, standards of practice |
Authors | Daniel Rainey |
AbstractAuthor's information |
‘Third Party Ethics in the Age of the Fourth Party’ presents and discusses some of the ethical impacts of the use of information and communication technology (ICT) in third party practice (mediation, facilitation, arbitration, etc.). The article argues that all of the ethical requirements related to third party practice have been affected by the use of ICT, that ethical standards of practice must be reviewed in light of the use of ICT, and that changes in ethical requirements based on the use of ICT will be evolutionary, not revolutionary. |