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Article

Ethical Principles for Online Dispute Resolution

A GPS Device for the Field

Journal International Journal of Online Dispute Resolution, Issue 1 2016
Keywords ODR, ethics, alternative dispute resolution, technology
Authors Leah Wing
AbstractAuthor's information

    The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations. In response, there have been assertions about the importance of applying to online dispute resolution (ODR) the shared values already enshrined within alternative dispute resolution (ADR) as well as calls to more carefully assess ways they may be insufficient or need refining to adequately address the new ethical challenges emerging in ODR. As ODR is increasingly incorporated into legislation, regulation and a wide variety of sectors in society, it is timely to explore the importance of ethical principles specifically for ODR. In the hope of contributing to these efforts, this article examines the benefits and challenges of articulating a set of ethical principles to guide the development and implementation of ODR systems, technology and processes.


Leah Wing
Leah Wing is Co-Director, National Center for Technology and Dispute Resolution, and Senior Lecturer, Legal Studies Program, Department of Political Science, University of Massachusetts at Amherst (USA).

    Online dispute resolution (ODR) has been developed in response to the growth of disputes in electronic commerce transactions. It is based on the legal framework of alternative dispute resolution (ADR) by taking into consideration electronic communications and information technology. This article will introduce the current legal framework and practice of ODR in China, find legal issues that affect the development of ODR and, finally, propose suggestions to overcome these barriers.


Jie Zheng
Jie Zheng is a PhD researcher in Ghent University, Faculty of Law, Department of Interdisciplinary Study of Law, Private Law and Business Law. E-mail: <jie.zheng@ugent.be>.
Article

Is ODR ADR?

Reflections of an ADR Founder from 15th ODR Conference, The Hague, The Netherlands, 22-23 May 2016

Journal International Journal of Online Dispute Resolution, Issue 1 2016
Keywords alternative dispute resolution, justice, process pluralism, dispute system design, history of conflict resolution
Authors Carrie Menkel-Meadow
AbstractAuthor's information

    This essay presents the observations of a founder of the dispute resolution field to new developments in online dispute resolution, expressing both concerns and hopes for greater access to justice.


Carrie Menkel-Meadow
Chancellor’s Professor of Law, University of California, Irvine and Visiting Distinguished Scholar Queen Mary, University of London, School of Arbitration.
Article

The Balochistan Ombudsman and Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1 2016
Keywords Pakistan, Balochistan, Ombudsman, capacity building, Online Dispute Resolution
Authors Frank Fowlie and Sher Shah Khan
AbstractAuthor's information

    In August 2015 Dr. Frank Fowlie, a Fellow with the National Centre for Technology and Dispute Resolution at the University of Massachusetts – Amherst, acted as an external evaluator to review the Ombudsman of Balochistan. Part of his evaluation concerned the use of Online Dispute Resolution as a mechanism to increase citizen engagement with the Ombudsman.


Frank Fowlie
Dr. Frank Fowlie is the Independent Mediator with the Organization for the Prohibition of Chemical Weapons. He previously served as the Ombudsman at the International Organization for Migration (IOM) (2012-2015). Dr. Fowlie also serves as a Capacity Building Consultant with the World Bank in Pakistan, specifically working with the Ombudsman of the Province of Balochistan (2015). He holds a Doctor of Conflict Resolution from La Trobe University, Melbourne, and is a Fellow with the Centre for Information Technology and Dispute Resolution at the University of Massachusetts – Amherst.

Sher Shah Khan
Sher Shah Khan holds a Master in Public Sector Management from London School of Economics and Political Sciences and a Master in Political Science from Government College Lahore, Pakistan. He carries over 15 year international civil services expertise in governance and public administration institutional development, while working with the World Bank, the International Monetary Fund, and the United Nations. Currently, Mr. Khan serves as Senior Public Sector Specialist with the World Bank Group, working on governance reforms in the provinces of Khyber Pakhtunkhwa, Balochistan, Sindh and Punjab, and the Federally Administered Tribal Areas (FATA) region.
Article

The New Handshake: Where We Are Now

Journal International Journal of Online Dispute Resolution, Issue 2 2016
Keywords consumers, consumer protection, online dispute resolution (ODR), remedies, e-commerce
Authors Amy J. Schmitz and Colin Rule
AbstractAuthor's information

    The internet has empowered consumers in new and exciting ways. It has opened more efficient avenues for consumers to buy just about anything. Want proof? Just pull out your smartphone, swipe your finger across the screen a few times, and presto – your collector’s edition Notorious RBG bobblehead is on its way from China. Unfortunately, however, the internet has not yet delivered on its promise to improve consumer protection.


Amy J. Schmitz
Amy J. Schmitz is the Elwood L. Thomas Missouri Endowed Professor at the University of Missouri School of Law and Center for the Study of Dispute Resolution, and the founder of MyConsumertips.info.

Colin Rule
Colin Rule is co-founder and Chairman of Modria.com and the former Director of Online Dispute Resolution for eBay and PayPal.

Daniel Rainey

Ethan Katsh
Ethan Katsh is Director and Co-Founder of the National Center for Technology and Dispute Resolution, and Professor Emeritus of Legal Studies, University of Massachusetts.

Orna Rabinovich-Einy
Orna Rabinovich-Einy is Assistant Professor at the Faculty of Law of the University of Haifa, Israel.
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