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. |
Search result: 25 articles
Year 2016 xArticle |
Ethical Principles for Online Dispute ResolutionA 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 |
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Article |
The Role of ODR in Resolving Electronic Commerce Disputes in China |
Journal | International Journal of Online Dispute Resolution, Issue 1 2016 |
Keywords | ODR, China, electronic commerce disputes |
Authors | Jie Zheng |
AbstractAuthor's information |
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. |
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 |
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Article |
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Journal | Corporate Mediation Journal, Issue 1 2016 |
Authors | Martin Brink |
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What is there to learn about managing conflict or negotiation that you do not already know? How can mediation techniques make a difference in achieving your personal goals and advance the objectives of your organisation even when there is no conflict? How can new skills benefit all management levels and change the role of the legal department? |
Editorial |
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Journal | Corporate Mediation Journal, Issue 1 2016 |
Authors | Martin Brink |
Book Review |
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Journal | Corporate Mediation Journal, Issue 1 2016 |
Authors | Claire Mulder |
Article |
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Journal | Erasmus Law Review, Issue 4 2016 |
Keywords | Corporate security, private investigations, private troubles, public/private differentiation |
Authors | Clarissa Meerts |
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This article explores the investigative methods used by corporate security within organisations concerned about property misappropriation by their own staff and/or others. The research methods are qualitative: interviews, observations and case studies carried out between October 2012 and November 2015. The findings include that, even though corporate investigators do not have the formal investigative powers enjoyed by police and other public agencies, they do have multiple methods of investigation at their disposal, some of which are less used by public investigative agencies, for example the in-depth investigation of internal systems. Corporate investigators also rely heavily on interviews, the investigation of documentation and financial administration and the investigation of communication devices and open sources. However, there are many additional sources of information (for example, site visits or observations), which might be available to corporate investigators. The influences from people from different backgrounds, most notably (forensic) accountants, (former) police officers, private investigators and lawyers, together with the creativity that is necessary (and possible) when working without formal investigative powers, make corporate security a diverse field. It is argued that these factors contribute to a differentiation between public and private actors in the field of corporate security. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2016 |
Keywords | sovereignty, constitutional law, positivism, constructivism, common law |
Authors | Pavlos Eleftheriadis |
AbstractAuthor's information |
Legal and sociological theories of sovereignty disagree about the role of legal and social matters in grounding state power. This paper defends a constructivist view, according to which the constitution is a judgment of practical reason. The paper argues that a constitution sets out a comprehensive institutional architecture of social life in terms of principles and official roles that are necessary for any legitimate scheme of social cooperation to exist. It follows that legal and sociological theories of sovereignty capture only part of the truth of sovereignty. Legal reasoning engages with political power, but it is not determined by it. There is no causal chain between power and validity, as suggested by the legal positivists. The relation between power and law is interpretive, not causal. It follows that the circularity of law and the constitution, namely the fact that the law makes the constitution and the constitution makes the law, is not a vicious circle. It is part of an ordinary process of deliberation. |
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. |
Article |
Identifying and Establishing Standard ODR Processes |
Journal | International Journal of Online Dispute Resolution, Issue 2 2016 |
Keywords | alternative dispute resolution (ADR), online dispute resolution (ODR), e-justice, standards, low-value |
Authors | Zbynek Loebl |
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This article describes future ODR standards. It differentiates between two layers of ODR standards: (i) access layer and (ii) integration layer. An access layer will contribute to achieving general access for individuals to the most convenient ODR system available, depending on circumstances and preferences of the parties involved. The integration layer will enable wide and flexible sharing of ODR know-how. |
Editorial |
Conflict Engagement and ICT: Evolution and Revolution |
Journal | International Journal of Online Dispute Resolution, Issue 2 2016 |
Authors | Daniel Rainey |
Article |
From Practice to Profession: The ODR Community’s Next Vital Step |
Journal | International Journal of Online Dispute Resolution, Issue 2 2016 |
Keywords | global applicability, knowledge, professionalism, Qualifying Assessment Programs (QAPs), skills |
Authors | Ana Gonçalves and Irena Vanenkova |
AbstractAuthor's information |
If ODR practitioners and service providers visibly and enthusiastically support the need for the set of transparent high practice and approval standards for ODR that are now under preparation by the ODR Task Force of the International Mediation Institute, and become certified, disputants will much more easily recognize the additional knowledge and skills needed to use technology to resolve disputes, ODR will be recognized as a professional field, they will be more open to using ODR, and the field will grow throughout the world in changing times. |
Article |
Digital Justice: Introduction |
Journal | International Journal of Online Dispute Resolution, Issue 2 2016 |
Authors | Ethan Katsh and Orna Rabinovich-Einy |
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Article |
European Businesses and the New European Legal Requirements for ODR |
Journal | International Journal of Online Dispute Resolution, Issue 2 2016 |
Keywords | online dispute resolution (ODR), alternative dispute resolution (ADR), consumer disputes, EU legislation, e-commerce |
Authors | Graham Ross |
AbstractAuthor's information |
In terms of practical use outside of e-commerce platforms such as eBay, ODR has not advanced as speedily as many thought might be the case. Two pieces of legislation by the European Parliament applying to consumer disputes, being the European Directive on Alternative Dispute Resolution For Consumer Dispute and the associated Regulation on Online Dispute Resolution have opened up the opportunity for that to change. For the first time, there now is a law that effectively requires businesses to promote ODR. However, with widespread breach, evidence of which is referred to in this paper, this law has not as yet been implemented or honoured as it should be and is in danger that its impact could thereby become counter-productive to its essential objective, albeit not its whole scope, in increasing public confidence in cross-border buying of products and services online. One problem is that the EU decided in their wisdom to stop short of making participation in online ADR mandatory. So we have the odd situation in which it is an offence for businesses to not inform a dissatisfied customer of the web address of an online ADR provider who has been approved under the legislation by the Chartered Trading Standards Institute, yet when that customer seeks to use that service the business can refuse to participate. If refusal to participate is extensive, the situation could lead to a loss of trust generally in a law designed to improve consumer rights and access to justice. This is especially so if traders carry on their website the mandatory link to an EU portal that will refer dissatisfied consumers to an approved provider of online ADR, and which may have been a deciding factor for that consumer in selecting the particular trader to buy from, yet, when a complaint arises, refuse to participate in the provider selected by the consumer. |
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Journal | Family & Law, November 2016 |
Authors | dr. mr. Geeske Ruitenberg |
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Het Haags Kinderontvoeringsverdrag (HKOV) is in het leven geroepen om internationale kinderontvoering tegen te gaan en is sinds 1 september 1990 voor Nederland van kracht. Het uitgangspunt van het verdrag is dat kinderen die van de ene naar de andere Verdragsstaat ontvoerd zijn zo spoedig mogelijk dienen terug te keren naar de Staat van gewoon verblijf. De rechter van de Staat waarnaar het kind ontvoerd is kan echter van dit uitgangspunt afwijken, en derhalve een verzoek tot teruggeleiding van het ontvoerde kind afwijzen, door gebruik te maken van een van de zogenoemde weigeringsgronden die zijn neergelegd in de artikelen 12, 13 en 20 HKOV. Deze bijdrage gaat in op de wijze waarop deze weigeringsgronden de afgelopen (ruim) vijfentwintig jaar in de Nederlandse jurisprudentie zijn toegepast. Uit die jurisprudentieanalyse volgt dat de weigeringsgronden in het algemeen niet (te) ruim worden geïnterpreteerd, maar dat een beroep daarop wel degelijk succesvol kan zijn. Vanwege de casuïstische aard van internationale kinderontvoeringszaken kunnen echter niet eenvoudig één of meer combinaties van factoren worden aangewezen op grond waarvan aanstonds duidelijk is dat een teruggeleidingsverzoek zal worden afgewezen. |
Article |
Snaga Žene: Disrupting Discourses of Victimhood in Bosnia-Herzegovina |
Journal | International Journal of Conflict Engagement and Resolution, Issue 2 2016 |
Keywords | narrative, gender, conflict, violence, victimhood |
Authors | Jessica M. Smith |
AbstractAuthor's information |
As the nature of global violence shifts and conflict becomes increasingly characterized by intrastate violence, theoretical underpinnings of violence and aggression based on Westphalian models have become insufficient. Contemporary warfare is no longer confined to acts of violence between states using large-scale weaponry where non-combatants are rarely at the front lines. Instead, small arms have allowed rebel groups to bring the front lines of conflict to villages, resulting in a much deadlier age of violence against civilians. This shift has led to an increase in attention to the impact of violent conflict on civilians, including a consideration of the gendered experiences of women, men, girls and boys. |
Article |
The Truth of Fiction: Literature as a Source of Insight into Social Conflict and Its Resolution |
Journal | International Journal of Conflict Engagement and Resolution, Issue 2 2016 |
Keywords | literary approaches to conflict resolution, narrative theory, mass movements, social transformation, social injustice |
Authors | Angelica R. Martinez and Richard E. Rubenstein |
AbstractAuthor's information |
The study of literature, although relatively new to the field of peace and conflict studies, has proven to be a valuable way to develop our understanding of violent social conflicts and the possible methods of resolving or transforming them. Literary texts present students of human conflict and conflict resolution with an appreciation of the power of “thick” descriptions of the human experience and the problems with “thin” modes of expression. Narrative and literary works reveal the indelible marks that violence and conflict inscribe on those left in their wake. Examining conflict through literature also grants students access to the ethical and moral dilemmas that people face as they navigate complex and oppressive social systems. A graduate-level course in “Conflict and Literature” taught for the past ten years at George Mason University provides evidence of these uses and suggests the possibility of further pedagogical developments. |
Article |
Narrative Approaches to Understanding and Responding to Conflict |
Journal | International Journal of Conflict Engagement and Resolution, Issue 2 2016 |
Keywords | narrative, conflict resolution, development, assessment, evaluation |
Authors | Sarah Federman |
AbstractAuthor's information |
While stories have circulated for millennia and constitute the very fabric of life in society, narrative as an optic for understanding and engaging with conflict emerged in the field of conflict resolution only in the past few decades, and has already amassed an array of significant contributions (Bar-Tal and Salomon, 2006; Cobb, 2013; Grigorian and Kaufman, 2007; Kellett, 2001; Lara, 2007; Nelson, 2001; Rotberg, 2006; Winslade and Monk, 2000). They encompass several spheres of action. Narrative analysis provides a means to locate individual and communal meaning in their discourse and to pinpoint conflicts in their world views that threaten their identity and agency. Further, it helps explain how marginalized people remain marginalized. Narrative interventions allow for conflict transformation, helping people to renegotiate their social positions and reclaim lost agency stemming from marginalized positions. Narrative evaluation highlights the flexibility of that model to measure change through a detection of discursive shifts over time. This article provides an overview of narrative approaches to conflict, answering: (a) What is narrative and what is its potential as a tool for understanding and responding to conflict? (b) How might we conduct a narrative analysis of a conflict? (c) From this analysis, how might we then construct narrative interventions and programme evaluations? |
Article |
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Journal | Erasmus Law Review, Issue 1 2016 |
Keywords | Criminal reconciliation, Confucianism, decentralisation, centralisation |
Authors | Wei Pei |
AbstractAuthor's information |
In 2012, China revised its Criminal Procedure Law (2012 CPL). One of the major changes is its official approval of the use of victim-offender reconciliation, or ‘criminal reconciliation’ in certain public prosecution cases. This change, on the one hand, echoes the Confucian doctrine that favours harmonious inter-personal relationships and mediation, while, on the other hand, it deviates from the direction of legal reforms dating from the 1970s through the late 1990s. Questions have emerged concerning not only the cause of this change in legal norms but also the proper position of criminal reconciliation in the current criminal justice system in China. The answers to these questions largely rely on understanding the role of traditional informal dispute resolution as well as its interaction with legal norms. Criminal reconciliation in ancient China functioned as a means to centralise imperial power by decentralizing decentralising its administration. Abolishing or enabling such a mechanism in law is merely a small part of the government’s strategy to react to political or social crises and to maintain social stability. However, its actual effect depends on the vitality of Confucianism, which in turn relies on the economic foundation and corresponding structure of society. |