Search result: 36 articles

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Year 2017 x
Article

The Negotiation Element in Mediation

The Impact of Anchoring

Journal Corporate Mediation Journal, Issue 2 2017
Authors Martin Brink
Author's information

Martin Brink
Martin Brink, PhD, is attorney at law, arbitrator and deputy judge at the The Hague Court of Appeals and an internationally certified mediator (MfN, IMI, CEDR Global Panel).
Article

Intel Corporation’s Story

Transforming Unproductive Conflict into Collaborative Solutions

Journal Corporate Mediation Journal, Issue 2 2017
Keywords workplace mediation programme, workplace conflicts, co-mediation, mediation benefits
Authors Pat Lau and Jodi Maslowski
AbstractAuthor's information

    This article reviews the authors’ experience in implementing an in-house workplace mediation programme at Intel Corporation. The authors describe the business value proposition and how workplace mediation connects into the broader corporate conflict management systems. The text focusses on key implementation design elements, such as how the programme is positioned vis-à-vis the formal HR processes; the critical role played by the triage process; and important benefits of utilizing co-mediation. This article will inform readers about the business and employee benefits of workplace mediation.


Pat Lau
Pat Lau, Legal Investigator, Mediator Corporate Legal Group, Intel Corporation.

Jodi Maslowski
Jodi Maslowski, Factory HR Manager, Mediator Human Resources, Intel Corporation.

Interview by Claire Mulder
Editorial

From the Editor

Journal Corporate Mediation Journal, Issue 2 2017
Authors Martin Brink

Martin Brink
Article

The Legitimacy of Final Statements and Reports of National Contact Points

An Empirical Analysis of (Final) Statements and Reports of the UK, US and Dutch National Contact Point of the Organisation for Economic Co-operation and Development (2001-2016)

Journal Corporate Mediation Journal, Issue 2 2017
Authors Sander van ’t Foort, Vivan IJzerman, Jasmin Lagziel e.a.
Author's information

Sander van ’t Foort

Vivan IJzerman

Jasmin Lagziel

Tineke Lambooy
Nyenrode Business Universiteit.
Article

Access_open Administering Justice and Serving the People

The Tension between the Objective of Judicial Efficiency and Informal Justice in Canadian Access to Justice Initiatives

Journal Erasmus Law Review, Issue 3 2017
Keywords access to justice, procedural law, courts, civil justice reform, comparative law
Authors Catherine Piché
AbstractAuthor's information

    Canada has a complex system of courts that seek to serve Canadians in view of the traditional objectives of civil justice – principally accessibility, efficiency, fairness, efficacy, proportionality and equality. The Canadian court system is generally considered by its users to work well and to have legitimacy. Yet, researchers have found that ‘there is a tendency for people involved in a civil case to become disillusioned about the ability of the system to effect a fair and timely resolution to a civil justice problem’. This article will discuss the ways in which reforms of procedural law and civil justice have originated and continue to be made throughout Canada, both nationally and provincially, as well as the trends and influences in making these reforms. With hundreds of contemporary procedural reforms having been discussed, proposed and/or completed since the first days of Canadian colonisation on a national basis and in the Canadian provinces and territory, providing a detailed analysis will prove challenging. This article will nonetheless provide a review of civil justice and procedural reform issues in Canada, focusing principally, at the provincial level, on the systems of Ontario and Quebec. Importantly, I will seek to reconcile the increasing willingness to have an economically efficient civil justice and the increased power of judges in managing cases, with our court system’s invasion of ADR and its prioritisation of informal modes of adjudication.


Catherine Piché
Dr. Prof. Catherine Piché, Université de Montreal.
Article

Access_open Sincere Apologies

The Importance of the Offender’s Guilt Feelings

Journal Netherlands Journal of Legal Philosophy, Issue 2 2017
Keywords Sincerity of emotions, Guilt, Feelings, Apology, Offender
Authors Margreet Luth-Morgan
AbstractAuthor's information

    This paper discusses the meaning and the importance of emotions, in particular the sincere guilt feelings of the offender. It is argued that the emotion of guilt reveals important information about the offender’s values and normative position. In the remainder of the paper, special consideration is awarded to the argument concerning ritual apologies, which might contain value even when insincere. This argument is rejected, on two grounds: 1. if the apology ritual does not aim for sincere guilt feelings, then the use of the symbol of apology is not fitting; and 2. if the apology ritual does aim for sincere guilt, then an insincere apology devalues the sincere expression.


Margreet Luth-Morgan
Margreet Luth-Morgan is universitair docent aan Erasmus School of Law, sectie Sociologie, Theorie en Methodologie, Rotterdam.
Article

Customer Door Codes

A Proposal for a Quasi-Standard in the Area of ODR and Customer Tech

Journal International Journal of Online Dispute Resolution, Issue 1 2017
Keywords privacy, personal data protection, people empowerment, e-justice, GDPR
Authors Zbynek Loebl sen. and Zbynek Loebl jun.
AbstractAuthor's information

    This article describes structured communication between apps used by people and apps used by entities (retailers, service providers, public entities etc.). It focuses on the communication related to the privacy and online dispute resolution (ODR), because the authors believe that these are important features empowering people.


Zbynek Loebl sen.
Zbynek Loebl sen. (zbynek@loebl.info) is a technology lawyer and entrepreneur in ODR. He initiated and managed development and launch of ADR.eu project, ADR.eu has been the first online-only dispute resolution forum for top-level domain name disputes. ADR.eu is also a single forum for disputes concerning .eu domain names. Zbynek also founded Youstice (www.youstice.com) and served as its CEO for 4 years. Youstice has been a pioneering venture in resolving customer dissatisfactions globally. He was also an active member of UNCITRAL WGIII, which was trying to prepare globally acceptable rules for low-value, high-volume ODR.

Zbynek Loebl jun.
Zbynek Loebl jun. (zbynek.loebl@gmail.com) is a recent University of Oxford graduate, with an interest in mathematics, tech and data science.
Article

ODR4Refugees through a Smartphone App

Journal International Journal of Online Dispute Resolution, Issue 1 2017
Keywords refugees, ODR, mediation, smartphone, disputes
Authors Petros Zourdoumis
AbstractAuthor's information

    For the past two years we have been monitoring in Greece several refugee related disputes such as disputes between refugees, intercultural disputes, disputes between refugees and the local community and disputes between refugees and the camp administration. We have also noticed that almost all refugees had smartphones as they were easy to carry with them and allow them to stay connected with those left behind or been relocated. Therefore in order to offer dispute resolution services we had to address two main issues: mobility & speed. We thought that technology could fit perfectly in this context. So, we decided, to develop a smartphone application for refugees that could create the environment for ODR. The App will not only resolve disputes online but try to prevent disputes or their escalation. Some of its innovative features will be personalized texts, language selection, disputes menu, automatic appointment of mediator, case filing, video, audio and text communication. It will have a friendly interface and be very easy to use even for those who have limited knowledge of technology and its download and use will be free for all refugees. The process will be conducted online by specially trained mediators and will be informal & flexible.


Petros Zourdoumis
Petros Zourdoumis is Founder of ODReurope, General Director of ADR point, a Fellow of the National Center for Technology and Dispute Resolution (USA) and project leader for ODR4Refugees (http://odr.info/petros-zourdoumis/).
Article

On China Online Dispute Resolution Mechanism

Following UNCITRAL TNODR and Alibaba Experience

Journal International Journal of Online Dispute Resolution, Issue 1 2017
Keywords Online Dispute Resolution (ODR), China, UNCITRAL TNODR, Alibaba experience
Authors Zhang Juanjuan
AbstractAuthor's information

    The booming of cross-border e-commerce has bred online dispute resolution (ODR) mechanisms, to adapt to the growth of cross-border high-volume and low-value e-commerce transactions. China is the largest B2C e-commerce market in the world. However, along with a prosperous e-commerce market, a great number of disputes have erupted. Under this circumstance, how to establish a reasonable, convenient and efficient online dispute settlement (ODS) method is significant. This paper will briefly look at various ODS channels. By comparing the existing Chinese mechanism and UNCITRAL documents, the paper intends to help provide the reader with greater understanding of the Chinese style, point out the obstacles and challenges in China with quantitative and qualitative analysis, and make some suggestions on the future direction of China ODR system.


Zhang Juanjuan
Zhang Juanjuan is a senior lecturer at the Faculty of Law and researcher at the Centre of Latin American Studies at the Southwest University of Science and Technology, China. She is also a PhD candidate at the Faculty of Law, University of Macau, Macau, China.
Article

Equal Access to Information & Justice: A Report on the Online Dispute Resolution (ODR) Forum 2017

The Huge Potential of ODR, Greatly Underexplored (Paris, France, 12 and 13 June 2017)

Journal International Journal of Online Dispute Resolution, Issue 1 2017
Keywords ODR, equal access, justice online, information online, ICC
Authors Mirèze Philippe
AbstractAuthor's information

    This article is a brief report on the two-day conference on ‘Equal Access to Information & Justice, Online Dispute Resolution’, organized by the ICC in Paris on 12-13 June. Over 160 lawyers, magistrates, academics, researchers, dispute resolution organizations and online dispute resolution providers, from over 30 countries and representing each continent debated about the use of technology for the resolution of all types of disputes. The 60 speakers explored the future of dispute resolution and the role of technology in all legal fields, from mediation in conflict zones, to commercial and civil disputes. The huge potentials greatly underexplored were discussed. It was noted that much remains to be done to educate users and convince state courts, dispute resolution organizations, merchants and other services’ providers to offer access to justice online. Efforts must be undertaken to allow users seek remedy in an affordable way. The solution for an equal access to justice is to make such access available online. The issues of ethics and standards were also discussed, as well as the increase concern of data protection and cybersecurity. The recording of the discussions on the panels are available on the ICC Digital Library (ICCDRL).


Mirèze Philippe
Mirèze Philippe is a special counsel at the Secretariat of the ICC International Court of Arbitration. She is the founding co-president of ArbitralWomen and member of the Board, member of the Steering Committee of the Equal Representation in Arbitration Pledge, member of the Board of Advisors of Arbitrator Intelligence, member of the Advisory Board of Association Arbitri, and fellow of the National Center for Technology and Dispute Resolution.
Article

The New World Order in Dispute Resolution

Brexit and the Trump Presidency

Journal International Journal of Online Dispute Resolution, Issue 1 2017
Keywords dispute resolution, Brexit, Donald Trump, technology, trade
Authors Ijeoma Ononogbu
AbstractAuthor's information

    The Brexit vote and Donald J Trump as the leader of the Free world in 2016 brought in a new world order. Two hugely important and unexpected events of 2016. Both have called into question the stability of established international commercial dispute resolution schemes in the United Kingdom and the United States in our tech savvy world. As the impact of both events unfolds, adaptations made to the existing dispute resolution schemes will be negotiated and the role that technology can play in the new approaches to international commercial dispute resolution will be determined. Consequently, there has been the changing face of Western politics after the Cold War, based on traditional group identity giving way to an uncertain landscape in which the political class struggle to define. The impact and disruption of technology in politics has given everyone a voice regardless of social class. Consequently, the EU under Mr Juncker and the UK Prime Minister seem to have mutual respect in their negotiations, given that the UK has made a number of notable concessions in order to move the trade discussions forward.
    Under Donald Trump presidency, the state of North America Free Trade Agreement (NAFTA) seems binary with the probing question will NAFTA survive or not. NAFTA is currently undergoing transformation, a process that incorporates Investor-State Dispute Settlement (ISDS).


Ijeoma Ononogbu
Ijeoma Ononogbu is a London-based Solicitor, International Dispute Resolution, Director, Dispute Resolver Ltd and Fellow of the Chartered Institute of Arbitrators.

Daniel Rainey
Daniel Rainey is a Fellow of the National Center for Technology and Dispute Resolution, and a Member of the Self-Represented Litigants Committee of the Virginia State Supreme Court’s Access to Justice Commission.
Article

Access_open The Promise and Potential of Online Dispute Resolution in Japan

Journal International Journal of Online Dispute Resolution, Issue 2 2017
Keywords Online Dispute Resolution, ODR, ADR, e-Commerce
Authors Hiroki Habuka and Colin Rule
AbstractAuthor's information

    Information technology has dramatically changed the way consumers and businesses transact around the world. Many consumer goods (such as videos, music and software) are purchased online through the Internet instead of through physical stores. Businesses have similarly migrated many of their commercial transactions online, including proposals, due diligence, negotiation and signing. However, most dispute resolution processes have not yet made a similar move; they occur face-to-face, even when the dispute arose online. This has led to a new type of dispute resolution, called ODR (or Online Dispute Resolution). ODR is the use of technology to resolve disputes, and it is being promoted in many countries around the world as a model for civil justice in an online age. North America and the European Union (EU) have aggressively promoted ODR, and there are many ODR projects currently underway. As one of the leading online economies in the world, Japan is facing many of the same challenges as the rest of the world in providing fast and fair resolutions to online consumers. But to date, ODR has not gotten much traction in Japan. Recently, the Japanese Consumer Network published a report about ODR for cross-border e-commerce transactions and encouraged the government to establish a working group for implementation of ODR. However, discussion by multiple stakeholders towards practical implementation of ODR has not yet started in earnest. This article aims to focus the discussion about how to implement ODR in Japan, providing information about the latest developments in global ODR frameworks and envisioning the challenges ODR faces in the Japanese market.


Hiroki Habuka
Hiroki Habuka is a Deputy Director of Information Economy Division, Commerce and Information Policy Bureau, of Ministry of Economy, Trade and Industry of Japan (METI). He graduated from University of Tokyo Law School (J.D.) and Stanford Law School (LL.M.).

Colin Rule
Colin Rule is Vice President, Online Dispute Resolution, Tyler Technologies. He served as Director of Online Dispute Resolution at eBay and PayPal, and co-founded Modria.com, an ODR provider that was sold to Tyler Technologies in 2017.

Ernest Thiessen
Ernest Thiessen is President of iCan Systems Inc of British Columbia, developers of the Smartsettle eNegotiation and visual blind bidding system.

Peter Holt
Peter Holt is Chief Product Development Officer at iCan Systems Inc. Adapted from similar paper co-authored with LTD insurance mediator Rick Weiler of Weiler ADR.
Conference Paper

Artificial Intelligence and Online Dispute Resolution Systems Design

Lack of/Access to Justice Magnified

Journal International Journal of Online Dispute Resolution, Issue 2 2017
Keywords ODR, ethics, alternative dispute resolution, technology, dispute system design, artificial intelligence
Authors Leah Wing
AbstractAuthor's information

    Recent scholarship and innovative applications of technology to dispute resolution highlight the promise of increasing access to justice via online dispute resolution (ODR) practices. Yet, technology can also magnify the risk of procedural and substantive injustice when artificial intelligence amplifies power imbalances, compounds inaccuracies and biases and reduces transparency in decision making. These risks raise important ethical questions for ODR systems design. Under what conditions should algorithms decide outcomes? Are software developers serving as gatekeepers to access to justice? Given competing interests among stakeholders, whose priorities should impact the incorporation of technology into courts and other methods of dispute resolution? Multidisciplinary collaboration and stakeholder engagement can contribute to the creation of ethical principles for ODR systems design and transparent monitoring and accountability mechanisms. Attention to their development is needed as technology becomes more heavily integrated into our legal system and forms of alternative dispute resolution.


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

The Law of Consumer Redress in an Evolving Digital Market

Upgrading from Alternative to Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 2 2017
Keywords e-Commerce, Online Dispute Resolution, Alternative Dispute Resolution, consumer redress
Authors Pablo Cortés
AbstractAuthor's information

    This article contains the Introduction of a book with the same title recently published by Cambridge University Press, which is reproduced here with its permission. The book offers an updated analysis of the various consumer dispute resolution processes, its laws and best practices, which are collectively referred as the Law of Consumer Redress. The book argues that many consumer redress systems, and in particular publicly certified Alternative Dispute Resolution (ADR) entities, are more than a mere dispute resolution mechanism as they provide a public service for consumers that complements, and often replaces, the role of the courts. In examining the current redress models (i.e., public enforcement, private enforcement and other market options), the book calls for greater integration amongst these various redress options. It also advocates, inter alia, for processes that encourage parties to participate in ADR processes, settle meritorious claims and ensure extrajudicial enforcement of final outcomes. Lastly, the book calls for a more efficient rationalization of certified ADR entities, which should be better coordinated and accessible through technological means.


Pablo Cortés
Pablo Cortés is Professor of Civil Justice, University of Leicester, UK.

FANG Xuhui
FANG Xuhui is Law Professor of Nanchang University, associated researcher at Cyberjustice of University of Montreal, Senior Counsel of E-Better Business in Shenzhen, mediator of International Commercial Mediation Center for Belt & Road Initiative in Beijing and special mediator at Futian District Court of Shenzhen People’s Court.

Daniel Rainey
Daniel Rainey is a principal in Holistic Solutions, Inc., and a member of the Board of Directors for The IntenetBar.Org. He served as the co-host of the Liverpool conference.

    The Extraordinary African Chambers (CAE) within the courts of Senegal were created by the Agreement between the Republic of Senegal and the African Union of 22 August 2012 to prosecute international crimes committed in Chad between 7 June 1982 and 1 December 1990. The Chambers are governed by a Statute. For those cases not provided for in the Statute, the Chambers shall apply Senegalese law. Both laws, one of international or conventional nature and the other one national, could be applied to a trial in compliance with international standards. However, the Statute has priority over Senegalese legislation. It is indeed the Statute that is asked to settle all questions that may arise and that has made specific selective references and for any other point that it could not have foreseen.
    So, in the functioning of the CAE, both standards were able to interact. A beneficial process that, however, also has created difficulties. After the dissolution of the Chambers on 27 April 2017, Senegalese national law, that was enacted about the universal jurisdiction of international crime since 2007, should be inspired by it and adopt appropriate standards.
    Les Chambres africaines extraordinaire (CAE) au sein des juridictions sénégalaises ont été créées par l’Accord entre la République du Sénégal et l’Union africaine du 22 août 2012 pour connaitre de crimes internationaux commis au Tchad durant une période bien déterminée. De caractère international, elles sont régies par un Statut qui prévoit dans certains cas l’application du droit national sénégalais. Les deux droits, l’un d’essence internationale ou conventionnelle et l’autre nationale, ont pu être appliqués pour un procès conforme aux standards internationaux. Toutefois, le Statut prime sur le droit sénégalais. En effet, c’est le Statut appelé à régir toutes les questions qui pourrait se poser qui a opéré des renvois sélectifs expressément et pour tout autre point qu’il n’a pu prévoir. Ainsi, dans le fonctionnement des CAE, les deux normes ont pu interagir. Un procédé bénéfique qui n’a toutefois pas manqué de poser des difficultés. Après leur dissolution, le 27 avril 2017, le droit national sénégalais qui s’est lancé depuis 2007 dans la compétence universelle sur les crimes internationaux devrait s’en inspirer et adopter des normes adaptées.


Youssoupha Diallo
Substitut Général près la Cour d’appel de Dakar, Sénégal, dialloyoussoupha78@gmail.com.
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