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Article

Mediation in Greece: The ‘Formal’ and Various ‘Informal’ Types, Off- and Online

The Architecture of Mediation in Greece – Shifting towards a Culture That Values Consensus-Building

Journal Corporate Mediation Journal, Issue 2 2021
Keywords mediation, Greece, special forms, mandatory, online, informal types
Authors Dimitris Emvalomenos
Author's information

Dimitris Emvalomenos
Dimitris Emvalomenos, Lawyer, LL.M., Accredited Mediator of the Greek Ministry of Justice & the Centre of Effective Dispute Resolution (CEDR), London, UK, Dep. Managing Partner at the law firm ‘Bahas, Gramatidis & Partners LLP’ (BGP).
Article

Preparing Mediators for Text-Based Mediations on ODR Platforms

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords online dispute resolution (ODR), mediation, dispute resolution, alternative dispute resolution (ADR), mediation training, text-based systems
Authors Joseph van ’t Hooft, Wan Zhang and Sarah Mader
AbstractAuthor's information

    The COIVD-19 pandemic has drawn an increasing level of attention to the role of online dispute resolution (ODR) in dispute resolution systems. As ODR becomes increasingly prevalent, unique characteristics of conducting text-based mediations via ODR platforms begin to surface, warranting discussion on modifying mediator practises to adapt to ODR platforms. This article shines a light on the advantages and disadvantages of text-based mediations through interviews with court administrators and mediators with text-based mediation experience. Accordingly, this article proposes recommendations on training mediators to use ODR platforms and modifying their practises to achieve the best outcomes in text-based mediations. Focusing on the qualitative data and information gathered from these conducted interviews, this article seeks to offer practical advice about preparing mediators to participate in text-based mediations.


Joseph van ’t Hooft
Joseph van ’t Hooft is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.

Wan Zhang
Wan Zhang is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.

Sarah Mader
Sarah Mader is Juris Doctor Candidate (graduating in 2022) at The Ohio State University, Moritz College of Law.

    The emergence of a new virtual world during the COVID-19 pandemic has jeopardized essential elements of the negotiation process. Although online dispute resolution (ODR) may come with some advantages, it also poses significant difficulties, threatening the ability of negotiators to zealously represent their clients’ interests. The shift to a virtual world has hindered parties’ ability to prepare properly, to develop rapport and trust with one another and effectively manage their time, especially for those previously unfamiliar with ODR. This essay proposes solutions to help negotiators overcome the challenges posed by negotiating virtually, during and after COVID-19. Our world has been irrevocably changed, and many of the things that once seemed foreign are here to stay.


Alexandra Carlton
Alexandra Carlton, J.D., 2021, The George Washington University Law School; B.A., 2016, University of Vermont. Many thanks to Professor Robin Juni for her encouragement and guidance, as well as her enthusiasm for Alternative Dispute Resolution. All mistakes are my own.
Article

The Use of Technology (and Other Measures) to Increase Court Capacity

A View from Australia

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords court capacity, COVID-19, Australia, online dispute resolution, open justice, procedural fairness, access to justice, online courts, justice technology, judicial function
Authors Felicity Bell, Michael Legg, Joe McIntyre e.a.
AbstractAuthor's information

    The COVID-19 pandemic has forced courts around the world to embrace technology and other innovative measures in order to continue functioning. This article explores how Australian courts have approached this challenge. We show how adaptations in response to the pandemic have sometimes been in tension with principles of open justice, procedural fairness and access to justice, and consider how courts have attempted to resolve that tension.


Felicity Bell
Felicity Bell is a Research Fellow for the Law Society of NSW’s Future of Law and Innovation in the Profession (FLIP) research stream at UNSW Law, Sydney.

Michael Legg
Michael Legg is Professor and Director of the FLIP stream at UNSW Law, Sydney.

Joe McIntyre
Joe McIntyre is a Senior Lecturer in Law at UniSA: Justice and Society, University of South Australia.

Anna Olijnyk
Anna Olijnyk is a Senior Lecturer and Director of the Public Law and Policy Research Unit at Adelaide Law School, University of Adelaide, South Australia.
Article

Access_open International Perspectives on Online Dispute Resolution in the E-Commerce Landscape

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords online dispute resolution (ODR), e-commerce, international dispute resolution, international law, United States, China, European Union, Australia, alternative dispute resolution (ADR), online platforms
Authors Teresa Ballesteros
AbstractAuthor's information

    This article will examine Online Dispute Resolution (ODR) from several perspectives to provide a comprehensive understanding of the global efforts to incorporate ODR in the e-commerce scope. Upon examining the nature and growth of both e-commercial activities and ODR, there will be an analysis from an international standpoint, where the article will discuss the relevant bodies and the progression of uniform standards in this regard. This is followed by an analysis of several jurisdictions, namely the United States, China, European Union and Australia. Finally, the essay will provide suggestions andrecommendations for the implementation of ODR.


Teresa Ballesteros
Teresa Ballesteros is a BCom/LLB student at the University of Sydney.
Article

Online Mediation and e-commerce (B2B and B2C) Disputes

Journal International Journal of Online Dispute Resolution, Issue 2 2021
Keywords ODR, online Mediation, e-commerce, business-to business (B2B), business-to consumer (B2C)
Authors Mariam Skhulukhia
AbstractAuthor's information

    Nowadays, electronic commerce plays a significant role in our society as internet transactions continue to grow in the business industry. Electronic commerce mainly refers to commercial transactions, such as business-to-business and business-to-consumer. Disputes are inevitable, part of our lives. Simultaneously by developing technology the need for an effective dispute resolution was obvious. Information communication technology and alternative dispute resolution together created online dispute resolution. Businesses and consumers are actively engaged in online dispute resolution. Therefore, the use of the internet makes business or consumer transactions easier. The online environment is much flexible when it comes to electronic commerce. This article focuses on online mediation, one of the most popular forms of online dispute resolution.


Mariam Skhulukhia
Mariam Skhulukhia has a Bachelor’s degree in law and a Master’s degree in International Business law from the University of Georgia. She participated in the Consensual Dispute Resolution Competition (CDRC VIENNA) in 2018 and the John H. Jackson Moot Court Competition in 2019. Mariam was an intern at Tbilisi City Court in Civil Affairs Board. Also, she worked as a lawyer for residency and citizenship matters at a foreign company. She has successfully passed a Bar Exam (Civil Law Specialization) in 2021. Mariam wrote her Master’s thesis: “Why do we need Online Mediation? Possible Challenges and Perspectives for Online Commercial Mediation in Georgia.” She also submitted her Research Paper titled “Mediating Online: Among the Praises and Diatribes in MediateGuru’s edited book titled “A Pathway to the Future of ADR: Comparative Perspectives around the World.”
Article

Restorative justice in schools: examining participant satisfaction and its correlates

Journal The International Journal of Restorative Justice, Issue 3 2021
Keywords restorative justice, school-to-prison-pipeline, satisfaction
Authors Ph.D. John Patrick Walsh, Jaclyn Cwick, Patrick Gerkin e.a.
AbstractAuthor's information

    Schools in the United States are implementing restorative justice practices that embrace student responsibility and reintegration to replace the zero-tolerance exclusionary policies popularised in the 1980s and 1990s. However, little is known about what factors are related to these and other restorative outcomes. The present study utilises 2017-2018 survey data (n = 1,313) across five West Michigan schools to determine how participant and restorative circle characteristics contribute to participant satisfaction within ordinary least squares (OLS) regression models. Findings show that several characteristics of restorative circles, including the number of participants, time spent in the restorative circle, number of times respondents have participated in a circle, and whether an agreement was reached, are significantly related to participant satisfaction. In addition, gender and participant role interact to have a significant effect on satisfaction. And models disaggregated by incident type indicate that the interaction between race and participant role has a significant effect on satisfaction, but only among restorative circles involving friendship issues. Suggestions for future research, as well as strategies aimed at improving participant satisfaction within restorative circles, are discussed.


Ph.D. John Patrick Walsh
Dr. John P. Walsh is professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

Jaclyn Cwick
Dr. Jaclyn Cwick is assistant professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

Patrick Gerkin
Patrick Gerkin, PhD, is professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

Joshua Sheffer
Joshua Sheffer is assistant professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States. Contact author: walshj@gvsu.edu.

Chris Draper
Chris Draper, Ph.D., P.E., helps humans make fewer errors when using technology. This expertise was gained through a career of analysing and reducing the operational risk of how humans interface with technology systems in industries including automotive, aerospace, biofuels, petrochemical, commercial real estate, law enforcement and academia. Chris has been at the intersection of technology and dispute resolution since 2011 with roles including Managing Director of Trokt in Des Moines, Iowa, and as a Venture Partner with VU Venture Partners in San Francisco, California. With Trokt, Chris oversees the development and delivery of technologies that help equitably resolve and avoid disputes ranging from labour relations to construction arbitration, financial compliance to special needs education. As a Venture Partner, Chris evaluates the utility, viability and investability of innovative or unproven technologies as a partner to the FrontierTech evaluation team. Chris serves on numerous startup and non-profit boards, and has led initiatives that include his service as Chairman of the American Bar Association’s Online Dispute Resolution Task Force Working Group One, Co-Chair of the American Bar Association’s Section of Dispute Resolution Technology Committee and as a Fellow of the National Center for Technology and Dispute Resolution. Chris received a Bachelor of Science in Mechanical Engineering from the University of California at Berkeley and a Doctor of Philosophy from the University of Glasgow.
Article

Comments and Content from Virtual International Online Dispute Resolution Forum

1-2 March 2021, Hosted by the National Center for Technology and Dispute Resolution (NCTDR)

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Authors David Allen Larson, Noam Ebner, Jan Martinez e.a.
Abstract

    For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations:

    • David Allen Larson – ODR Accessibility

    • Noam Ebner – Human Touch

    • Jan Martinez & Amy Schmitz – ODR and Innovation

    • Frank Fowlie – Online Sport Dispute Resolution

    • Larry Bridgesmith – AI Introductory Notes

    • Julie Sobowale – AI and Systemic Bias

    • Clare Fowler – DEODRISE

    • Michael Wolf – ODR 2.0 System Design

    • Chris Draper – Algorithmic ODR

    • Zbynek Loebl – Open ODR


David Allen Larson

Noam Ebner

Jan Martinez

Amy Schmitz

Frank Fowlie

Larry Bridgesmith

Julie Sobowale

Clare Fowler

Michael Wolf

Chris Draper

Zbynek Loebl
Article

Access_open Bits and Bytes and Apps – Oh My!

Scary Things in the ODR Forest

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

    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.


Daniel Rainey
A version of this article will be published in Portuguese as a chapter in Processo Civil e Tecnologia: os impactos da virada tecnologia no mundo, Dierle Nunes, Paulo Lucon and Isadora Werneck, eds., Editora Juspodivm, Salvador/BA–Brazil, forthcoming 2021. Daniel Rainey is, among other things, a principal in Holistic Solutions, Inc., a Fellow of the National Center for Technology and Dispute Resolution (NCTDR), a founding Board Member of the International Council for Online Dispute Resolution (ICODR), Editor-in-Chief of the International Journal of Online Dispute Resolution (IJODR) and a Member of the Self-Represented Litigants Committee of the Access to Justice Commission of the Virginia Supreme Court.

Larry Bridgesmith
Larry Bridgesmith is, among other things, a practicing lawyer, professor of law at Vanderbilt Law School and co-founder of its Program on Law & Innovation, a Fellow of the International Association of Mediators, co-founder of LegalAlignment LLC, AccelerateInsite LLC and Lifefilz Inc., co-founder of the International Institute of Legal Project Management and Chair of the Tennessee Supreme Court Alternative Dispute Resolution Commission.
Article

What’s Good for ODR?

AI or AI

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Keywords Augmented Intelligence, Artificial Intelligence, algorithms, ODR
Authors Graham Ross
AbstractAuthor's information

    Whilst the coronavirus epidemic saw mediators turn to web conferencing in numbers to ensure mediations continued to take place, it is believed that the rate at which individual mediators, as opposed to organizations handling volumes of disputes, began to use online dispute resolution (ODR)-specific tools and platforms remained comparatively slow. Mediators may have felt that, in using web conferencing, they had made the move to ODR. Another hurdle standing in the way of generating confidence in ODR-specific tools is that exciting developments used the less were powered by artificial intelligence (AI) and yet mention of AI and algorithms would create its own barrier, in no small part due to examples of shortcomings with AI and algorithms outside of ODR. The writer feels that the future lies in developments in ODR that benefit from AI. However that is less the traditional meaning of the acronym being Artificial Intelligence but more as Augmented Intelligence. The paper explains the difference with Artificial Intelligence leaving the machine in control whilst Augmented Intelligence retains control and decision-making with the human but assisted by the machine to a degree or in a format not possible by the human alone. The paper highlights examples of two ODR systems applying Augmented Intelligence.


Graham Ross
Graham Ross is a UK lawyer and mediator with over 20 years of experience in IT and the law. Graham is the author of lthe original QUILL egal application software (accounts and time recording) and the founder of LAWTEL, the popular webbased legal information update service. Graham co-founded the first ODR service in the UK, WeCanSettle, designing the blind bidding software at the heart of the system. Graham subsequently founded TheMediationRoom.com, for whom he designed their online mediation platform. Graham speaks regularly at international conferences on the application of technology to ADR. Graham was host of the 5th International Conference on Online Dispute Resolution held in Liverpool, UK, in 2007 and has organised two other ODR conferences. Graham was a member of the EMCOD project which created a tool for the European Union for the measurement of justice through ODR. Graham was a member of the UK Civil Justice Council’s Advisory Group on Online Dispute Resolution, whose recommendations led to the creation of an online court for small claims. Graham is a Board Member of ICODR. Graham is also a leading trainer in ODR having created the accredited distance training course at www.ODRtraining.com.
Article

Towards Online Dispute Resolution-Led Justice in China

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords Online Dispute Resolution, smart court, internet court, access to justice, China
Authors Carrie Shu Shang and Wenli Guo
AbstractAuthor's information

    The use of online dispute resolution (ODR) in courts is a growing topic of interest. By focusing on the recent development of ODR-connected smart courts in China, this article explores ODR’s potential impact on Chinese legal systems from three aspects: role of courts and the legal profession, due process rights, and information safety. By focusing on changing dispute resolution theories – from emphasizing on conflict resolution to dispute prevention – the article argues that ODR-led court reforms rose to the centre because the reform caters to specific purposes of the recent series of reforms conducted under the auspices of the Rule of Law campaign, by prioritizing efficiency goals and attempting to enhance individualist justice experiences. In this article, we define the meaning of ODR in China and describe and categorize ODR technologies that are currently in use in China. Based on these general findings and promising technological options of ODR, we also recommend ways to better implement ODR in Chinese courts to take full advantage of technological advancements.


Carrie Shu Shang
Carrie Shu Shang, Assistant Professor, Coordinator, Business Law program, California State Polytechnic University, Pomona,

Wenli Guo
Wenli Guo, Ph.D., Assistant President, Beiming Software Co. Ltd., President, Internet Nomocracy Institute of Beiming Software Co. Ltd.,
Article

Paperless Arbitration

The New Trend?

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords paperless arbitration, arbitral practice and procedure, cybersecurity, new technology
Authors William Brillat-Capello, Laura Canet, Gillian Carmichael Lemaire e.a.
AbstractAuthor's information

    A webinar organized by Laura Canet and William Brillat-Capello, with Gillian Carmichael Lemaire, Yulia Mullina, Sebastián Partida, Sarah Tulip, Sergey Alekhin as speakers
    This webinar, organized by the associates of the Paris-based firm Betto Perben Pradel Filhol, was held at the beginning of the COVID-19 pandemic. Since then, arbitral practice and procedure have evolved considerably because of the increase in the number of paperless arbitrations and paperless hearings. The issues and challenges discussed below are still relevant to assess whether this trend will become the normal way of conducting arbitrations after the end of the current global health crisis or will simply constitute one of the tools available to practitioners. As the world is still dealing with this unprecedented crisis, the transcription of this webinar offers a snapshot of some of the earliest conclusions reached about how the pandemic is changing arbitration as we knew it.


William Brillat-Capello
William Brillat-Capello is associate at Betto Perben Pradel Filhol.

Laura Canet
Laura Canet is is associate at Betto Perben Pradel Filhol.

Gillian Carmichael Lemaire
Gillian Carmichael Lemaire is Independent Arbitration Practitioner.

Yulia Mullina
Yulia Mullina is Executive Administrator at the Russian Arbitration Center.

Sebastián Partida
Sebastián Partida is Corporate Counsel at Hewlett Packard Enterprise.

Sarah Tulip
Sarah Tulip is barrister at 3VB.

Serghei Alekhin
Serghei Alekhin is Counsel at Willkie Farr & Gallagher LLP.
Article

Smart Contracts and Smart Dispute Resolution

Just Hype or a Real Game Changer?

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords smart contracts, blockchain, arbitration, dispute resolution, contract law, distributed ledger technology, internet of things, cyber law, technology, innovation
Authors Mangal Chauhan
AbstractAuthor's information

    This article explains the functioning of smart contracts and technology underlying blockchain. This contribution aims to compare smart contracts with traditional contracts and discuss their situation under the present contract law. It further discusses possible issues that may arise out of the application of smart contracts, for instance, coding errors and programming defects. It studies the possible application of smart contracts to specific fields, such as e-commerce and consumer transactions and possible disputes arising out of this application. It divides the smart contracts into categories based on their form and discusses legal issues in regard to their application.
    Against the common perception that smart contracts will replace the judicial enforcement of traditional contracts, it argues that smart contracts will not replace the system but are rather another form of contracts to be governed by it. In fact, the interplay of smart contracts and contractual law creates possible legal issues as to their validity, recognition and enforcement. It provides possible solutions as to the legal issues arising out of the application of smart contracts under present contract law. The study concludes that a robust and ‘smart’ dispute resolution mechanism is required for dealing with disputes arising out of the application of new technology. Online or blockchain arbitration and other online dispute resolution mechanisms are argued to be better suited to dealing with such disputes.


Mangal Chauhan
Mangal Chauhan is Risk Analyst (Global Entity Management) at TMF Group, Amsterdam, Netherlands. Master of Laws (LL.M.) in Comparative and International Dispute Resolution from Queen Mary University of London, United Kingdom.

Colin Rule
Colin Rule is CEO of Mediate.com and Arbitrate.com.
Article

Increasing Access to Justice through Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords ODR, fairness, disability, accommodation, accessibility
Authors Wendy Carlson
AbstractAuthor's information

    Online dispute resolution has been posed as a way to further increase access to justice. This article explores the concept of using ODR to increase both ‘access’ and ‘justice’ within the dispute resolution system. The concept of increasing access to the dispute resolution system includes a wide variety of ideas: providing dynamic avenues into the legal process to better serve more people, particularly those with physical disabilities, increasing accessibility to low-income communities and ensuring the platform can be used by non-native English speakers. ODR provides the potential to greatly impact the court system by making the court process more efficient and accurate. While there is great value in integrating ODR into the dispute resolution system, the ODR system itself creates a variety of barriers. In order to effectively increase access to justice through ODR, the ODR system must be developed to maximize ‘accessibility’. The second prong to this discussion explores the concept of ‘justice’ within the context of ODR. Critics of ODR purport that the system values efficiency over justice. This article analyses the legitimacy of ODR as a judicial system through three key factors: representation of individual views, neutrality in decision-making, and trust.


Wendy Carlson
Juris Doctor Candidate, Mitchell Hamline School of Law.
Article

The Role of the Seat in Smart Contract Disputes

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords smart contracts, international commercial arbitration, blockchain technology, online arbitration
Authors Diana Itzel Santana Galindo
AbstractAuthor's information

    Over the past few decades, international commercial arbitration has experienced major developments in various fields. A major recent development that will spread widely in the years to come relates to technology and the necessity of international commercial arbitration to adapt to the new needs of the market. The path of technological development in commerce is determined by forces other than the needs of legal practitioners. Moreover, the lack of real connection to a sole place, in disputes where the multi-parties have not selected the seat, can create serious obstacles for the arbitral proceedings in blockchain technology disputes. In this regard, smart contracts, however, appear to have identifiable parties with an identified physical point of connection that ultimately can be adapted to the existing place of the arbitration theory within the international arbitration legal framework.


Diana Itzel Santana Galindo
LL.M. graduate in Comparative and International Dispute Resolution at Queen Mary University of London. Legal internship experiences at the Korean Commercial Arbitration Board (KCAB International), Beijing Arbitration Commission (BAC/BIAC), and the Hong Kong International Arbitration Centre (HKIAC).
Article

Online Dispute Resolution in a Traditional Justice System

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords ODR, traditional justice system, insecure areas, Afghanistan
Authors Fathudin Yazdani
AbstractAuthor's information

    This article examines the applicability of Online Dispute Resolution (ODR) in Afghanistan. It evaluates whether ODR can resolve disputes in a traditional justice system, like Jirga, where the formal justice system is weak. This analysis questions whether ODR can complement the traditional jurisdiction system, where the public relies on customary practices to solve disputes. Further, the analysis focuses on the applicability of ODR in insecure areas, where access to formal judicial processes is limited. The findings from this study suggest the development of effective dispute resolution mechanisms in Afghanistan, mainly using ODR.


Fathudin Yazdani
Yazdani Fathudin completed his Post Graduation in Master of Science in Law (MSL) from The University of The Pacific McGeorge School of Law in 2020. He served as a legal advisor and assistant to the deputy minister ministry of interior in Afghanistan. Also, he worked as investigator and security associate in the United Nation Offices for Project Services (UNOPS) in Afghanistan.
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