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. |
Search result: 127 articles
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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 |
Article |
Negotiating Virtually: Overcoming Challenges Posed by the COVID-19 Pandemic |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | ODR, negotiation, mediation, COVID-19, virtual |
Authors | Alexandra Carlton |
AbstractAuthor's information |
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. |
Article |
The Use of Technology (and Other Measures) to Increase Court CapacityA 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. |
Article |
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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. |
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. |
Article |
AI in the Legal ProfessionTeaching Robot Mediators Human Empathy |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | ADR, AI, ML, mediation, digital technology, value alignment |
Authors | Linda Mochon Senado |
AbstractAuthor's information |
What benefits do AI technologies introduce to the law and how can lawyers integrate AI tools into their everyday practice and dispute resolution? Can we teach robot mediators to understand human empathy and values to conduct a successful mediation? While the future of AI in the legal profession remains somewhat unknown, it is evident that it introduces valuable tools that enhance legal practice and support lawyers to better serve their clients. This paper discusses the practical ways in which AI is used in the legal profession, while exploring some of the major concerns and hesitation over value alignment, morality and legal formalism. |
Article |
Comments and Content from Virtual International Online Dispute Resolution Forum1-2 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: |
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 |
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. |
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. |
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Journal | International Journal of Online Dispute Resolution, Issue 2 2020 |
Keywords | European legislation, Alternative Dispute Resolution, civil procedure |
Authors | Rebecca Berto |
AbstractAuthor's information |
Alternative Dispute Resolution (=ADR) is a generic reference to consensus-based processes that provide an alternative to litigation and to binding arbitration procedures. Analysing European provisions, the European legislator pushes Alternative Dispute Resolution methods as a means of resolving not only consumer-to-business disputes but also business-to-business. This may determine over the long term a sort of ‘dejurisdictionalization’ process, moving disputes from tribunals to Alternative Dispute Resolution methods. Procedural rights, however, such as raising interpretative questions to the European Court of Justice, may only be exercised before a court. |
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. |
Article |
Paperless ArbitrationThe 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 |
Article |
Smart Contracts and Smart Dispute ResolutionJust 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. |
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. |
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. |