Listed below are articles about Online Dispute Resolution (ODR) and
other articles of interest. ODR is alternative dispute resolution ( ADR) acompished with the aid and power of the
Internet and internet related technologies.
- New Mediation Program for Vietnam
- Developing an Online Mediation Practice
For any mediator used to face-to-face mediation, online mediation requires a modified approach and therefore training to adapt the skills of the mediator to be compatible with an incorporeal digital forum.
Aside from the development of the skills needed to conduct online mediation, the Virtual Mediation Lab (VML) simulations also provide the ability to learn from experience before taking a real online case. These are my principal observations thus far in my training.
- ‘Boxing’ Choices for Better Dispute Resolution.
Choosing among alternatives that vary in multiple ways you care about is one of the most fundamental mental activities, and one that is part of nearly all forms of cognition. Decisional processes often primarily involve balancing competing considerations. When multiple parties with conflicting interests are present, strategic interactions add to the complexity. This article explores opportunities for interactive visualizations in support of such processes, using as background a current
software project that is developing systems for collaborative deliberation about choices.
- Does Online Video Dispute Resolution Work?
Recent technical advances, and cost reductions in multi-party videoconferencing due to economy of scale in online communications mean that the utility of such technology has significantly improved in the last few years. The availability of this technology has become far more widespread than at any time since the advent of computers. This paper describes videoconference mediation, and argues that this process has a strong claim to a prominent place in the toolbox of ADR practitioner.
- Unleashing Creative Dispute Resolution by Enabling Neutrals Creativity – Online
If you are a neutral and are not interested in being creative in helping your clients resolve their differences then this article is not for you. The parties are only interested in the most creative and effective neutrals. And it applies to computer aided dispute resolution as well as computer generated dispute resolution.
- Using Evaluation in Mediation
Evaluation is a controversial issue. Some mediation theorists believe that the technique has no place in "true" mediation, a purely facilitative process in which parties are left free to make their own judgments about the merits of a case without interference from the mediator. We hold a different view. Evaluation is a legitimate weapon in the mediator's arsenal, one that can be either effective or explosive depending on how and when it is used.
- The Power of Our Words
History records the power of words in the affairs of mankind.Rudyard Kippling put it this way - “Words are, of course, the most powerful drug used by mankind." A Lawyers choice of words are critical. How to choose your words successfully.
- eDiscovery - Should I care ?
The Information Age has finally arrived with all of its magnificent efficiencies and productivity changing ways. People and businesses conduct many of their necessary activities with some interface with technology - probably more that you think. If a computer, be it laptop or desktop, is in the house or office many of the activities are in some way recorded on a hard drive. If the computer is connected to a network or the Internet things become more complicated. Like it or not the world we live in has changed. No longer are we a paper based society. All of our activities revolve around a computer and its hard drive.
- Drafting an Arbitration Provision - The VirtualCourthouse Way
VirtualCourthouse provides a fresh new approach to arbitration.An approach which provides flexibility and cost savings not available through AAA, JAMs, National Arbitration Forum. Have you noticed that arbitration has become more time consuming and more expensive as each year passes. How has that happened when the whole notion ,50 years ago was, for Arbitration to reduce the cost and time of litigation?
- Virtual Lawyering for Competitive Advantage: Delivering Online Legal Services - Richard Granat
This paper is addressed to solo practitioners and partners in small law firms that serve consumers and small business and are exploring strategic alternatives for increasing revenues and profits in an increasingly competitive market environment. A hopeful result of reading this White Paper is that lawyers will be better positioned to lead their firms through the deeper issues involved with deploying a service delivery strategy that captures emerging client markets and will be better prepared to understand the nature of a changing legal landscape.
- Understanding Google Local Search Criteria Leads to a Better Marketing Strategy
If you have not developed a strategic approach to your web presence as a professional, be it a neutral or a lawyer, there is no better time than the present. You may not have noticed it - but the old ways for a professional to let folks know who and where they are have changed dramatically. Learn the two step process
Step One - Claim your Local Business Listing
Step Two - Understand Ranking Facts
- Digital Footprint - What's That ?
Consider what has occurred over the past ten years; the amount of information about an individual which is accessible on the internet, without the specific permission of that individual, is astounding. Try googling your own name and see how much information you find about yourself; you will be shocked!
- Overcoming Suppositions About ODR
Recently, Phil Loree, an attorney in New York, asks the following question on the Linkedin VirtualCourthouse.com Group Discussion; What is Online Dispute Resolution (ODR)? There is the formal definition – here – but it can really be involved - here. However, as Debra Healy, a specialist/mediator/paralegal, observed; I agree that it's difficult to provide a specific definition of ODR - it can mean different things to different people/entities.
- Alternate Dispute Resolution: A Solution for Unresolved Customer Complaints
What do you do when you have a dispute with a customer? This is not the same as a complaint. A dispute is a complaint that has not been resolved to the satisfaction of the complainant. Maybe the issue has been escalated internally and you've been unable to agree a resolution. Maybe you've just been incompetent in handling the complaint. Whatever the reason, the customer still isn't happy and you have a dispute on your hands.
- VirtualCourthouse Overcomes ADR Resistance
Persuading an opponent to participate in mediation or agree to binding arbitration is often very difficult. More times than not, when a party suggests binding arbitration, it is received in an adversarial context. After all, the adversary/opponent has suggested or broached the subject --how could that be good news? Is the suggestion a sign of weakness or fear of litigation? Or, is my opponent trying to get an advantage? For that very reason, the answer is most often no.
- 50 Years of Alternative Dispute Resolution
Most judges and lawyers date alternative dispute resolution (ADR) to the early 1900’s with the advent of the American Arbitration Association and other institutional forms of arbitration. However, arbitration dates to early Biblical times with one of the first noted arbitrators King Solomon. Even earlier, arbitration was used as a method to resolve territorial disputes. In England arbitration was a common means of commercial dispute resolution predating the common law as early as the 1200’s.
- Embracing Change and Survival
Albert Einstein once said: ″Problems cannot be solved by the same level of thinking that created them″. Accordingly, I am looking at the new court rules for British Columbia and the attempt to revamp the civil trial process with a heavy heart. Notwithstanding the effort and work that has been put into this process by many learned lawyers and jurists alike, it is my respectful opinion that ultimately, this is all for naught. I know that this is not going to be a popular opinion, but I think this effort, as well intentioned as it is, is aiming at the wrong goal.
- The VirtualCourthouse Story
The VirtualCourthouse.com™ vision is a product of two facets of my judicial career. First, in my role as a Circuit Court Judge and secondly, during what I like to call, my personal "electronic epiphany".
- Re-engineering- Alternative Dispute Resolution With The Internet
Can online dispute resolution (ODR) successfully re-engineer alternative dispute resolution (ADR)?
Recently, an investment advisor was informing clients that the opportunity the recent recession provided was advances in technology. The theory expressed was that companies who had to lay off people because of the economic downturn would not rehire the people they laid off because of the downturn. Instead they would invest in technology to reduce the number of people that it took to deliver goods and services. Terminating jobs is extremely stressful whether for good reasons or bad. It is even more stressful for the professional. The investment advisor theorized that companies would be asking themselves - how can we change our business model so that we no longer need these extra layers of employees?
- VirtualCourthouse - A Stool With Three Legs
As VirtualCourthouse approaches the 1,000th case filing it has become obvious that On-line Dispute Resolution (ODR) requires adoption by three separate constituencies - the claimant, the respondent and the neutral. Much like a stool, if one leg is absent the stool falls. Thus, the challenge of change is multiplied or as the mathematician might say - “cubed”.
- What You Should Know About Online Dispute Resolution
The ability of technology—especially the Internet—to make many business processes more efficient is now making it clear that online dispute resolution (ODR) is the next frontier of ADR. The internet promises to make more disputes reachable by ADR and to facilitate the resolution of disputes faster and at a lower cost. But like many shifts from paper to technology, a clear strategic pathway has yet to appear.
- On Line Dispute Resolution - Where We Have Been and Where We Are Going
- What is OnLine Dispute Resolution ?
Online Dispute Resolution provides the ability for two (or more) disparate parties to settle their dispute using the Internet. Sometimes this involves lawyers and mediators and sometimes it does not. It depends on the vehicle/provider that the parties agree to utilize to dispute their claim.
- E-Lawyering: The Need, The Promise, The Challenge
- With online dispute resolution, parties state their case by e-mail and get a prompt decision
- Online ADR for Businesses