- The American Arbitration Association – AAA – says ODR is used in only a small percentage of all cases settled, but it has seen recent growth. In 2006, 3,000 of the 160,000 cases the AAA handled were done digitally.

- ODR, Online dispute resolution is a broad category: Any mediation, ar­bitration or dispute resolution that takes place outside of court and at least partially online qualifies. It differs from alternative dispute res­olution, which refers to processes outside governmental jurisdiction. ODR can mean anything from e-mailing documents and evidence to using videoconferencing to bring the sides together. And it has been most effective in international or long-distance disputes involving technology issues.

- ODR will always be most important for online businesses since it’s clear the Internet is not always a harmonious place, giving rise to many disputes. Often those disputes involve small dollar amounts, far-flung ad­versarial parties and seemingly petty issues. In the wildly popular online game Second Life, a dispute arose because one player put a nude image where another player would be forced to look at it. It’s the kind of thing that’s too small to litigate in the real world—but using Web mediation, it got resolved.

- ODR makes most sense in cases in which attorneys’ fees would exceed what could be recouped. But many large organizations, particularly insurance companies and municipalities, are finding ODR saves them money even in big-money cases because a matter can be handled much faster.

- ODR is faster because it is not dependent on getting on a mediator’s or judge’s calendar. Using e-mail, discussion groups and Web sites, agreements can be written, posted and responded to when convenient. And when something needs to get done fast, participants can log on to a chat or a secure online session and hash out a dispute no matter where in the world participants may be.

- ODR has the added benefit of simplifying jurisdictional issues. Such matters can be resolved at the outset once all parties agree. And there is greater flexibility for the adversarial parties, with each dispute process tailored to each dispute’s needs. As long as someone can get online, he or she can participate in the process.

ODR Aplications:

Online dispute resolution may not have taken over the process of solving conflict, but it has provided new, efficient and low-cost ways to reach the goal. The following are a few examples of ODR applications:

1. FILING A CLAIM ONLINE

SquareTrade uses a tool called Direct Negotiation, which handles all the communications through e-mail, including an online form to explain the complaint and possible resolutions, and contact with the defending party to see if it will counter. If Direct Negotiation doesn’t bring a settlement, a mediator can join in.

2. TRADING SETTLEMENT OFFERS

In Cybersettle’s system, a claims professional initiates the process with confidential offers. The opposition is notified by fax, e-mail or mail, and the respondent has three tries to settle the claim. If the complainant’s offer is less than or equal to the opposition’s, the claim settles.

3. DISCUSSING THE ISSUES

The E-Arbitration-T Open Source Groupware and Customer Relationship Management Suite allows parties to create an entire ODR system, handling online case document sharing between all parties and offering full security. Off-the-shelf solutions like wikis and whiteboards also allow parties to share information, discuss and collaborate on documents, and even reach agreements online.

4. SIGNING AN AGREEMENT

The federal E-Sign Act has validated the use of electronic documents and electronic signatures since 2000. Digital signatures can now be added to many commonly used documents, including those created with Adobe Acrobat 8.

More information in: Settling It On the Web.

The expectation is that online technology will speed up and reduce the cost of international arbitration proceedings. It is expected to remove the need for sending large quantities of paper through courier services and replace face-to-face meetings by cheaper and easier online video conferencing. This seminar will ask the question “How realistic are these expectations?”

For the last two years the E-Arbitration-T team of lawyers and technologists have been looking at these issues. A key feature of international arbitration is that it delivers a result – the award – that national courts will recognise and enforce. We cannot simply substitute Internet and computer technology without considering the criteria courts will apply in deciding that the award was made properly and fairly within the intent of relevant international law. This seminar will look at the technological options and the rules and procedures necessary to exploit them. It will also examine the need for change in the international legal framework to reap the full technological benefits.

E-Arbitration-T cannot give an unqualified endorsement of these expectations. We have carried out careful analysis of different options and in some key areas the procedures adopted have much more impact on the speed and cost of dispute resolution than the choice of technology. At the seminar we will present these findings and show where we believe technology can deliver real advantages. The seminar is free-of-charge and is being presented on two alternative dates: Thursday January 16 or Friday January 17.

Programme

9:30 Registration and coffee (SJ004)
10:00 Welcome to DISC at Brunel (SJ008)
A walk through the process
10:15 Electronic transmission of documents
- Getting started with the request and answer
- Exchanging claims, defences and other documents

11:15 Coffee
11:30 Other online support
- Tribunal formation
- Hearings
- Rendering the award
12:45 Lunch (SJ004)
Perspectives
1:45 Managing the proceedings (SJ008)
- Extending the rules
- Specifying the timetable and events
- Other neutral roles
3:00 Coffee (SJ004)
3:15 The legal framework and Harmonisation
3:45 Open discussion
4:30 Close

Practical Arrangements

It will take place in the Department of Information Systems and Computing, The St. John’s Building, Brunel University, Kingston Lane, Uxbridge, UB8 3PH, U.K.

To register to attend contact Julie Eatock, by email fax (+44 1895 251686) or phone (+44 1895 203259) with your name, affiliation and contact details so we can allocate you a place and send you full joining instructions.

Year 2002