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Online Dispute Resolution

Graham Ross

www.modria.comwww.TheMediationRoom.comwww.BoardroomResolve.com

www.TheResolver.com@mediationroom

g.ross@modria.com

Justice - London, July 23rd 2014

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www.odr.info

Cyberweek

International Forum on ODR

International Journal of ODR

Sources

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Don’t Mention ODR to Amazon Sellers!

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ODR TIMELINE

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

UNECEAnd NCTDR

Create International Forum on ODR *

* Forums held in Geneva (twice) Melbourne, Cairo, Liverpool, Hong Kong, Victoria (BC), Haifa, Buenos Aires , Chennai, Prague, California – next in New York- 3-4 June 2015

UNCITRAL creates working group on

ODR

EU RegODR/DirOn ADR

EMCOD formed EU funded team project

to aid quality of ODR

European Committee for Standardisation (CEN) issues Workshop Agreement on

ODR standards and taxonomy

EU funded CCForm project to signpost ODR

Civil Justice Council'sODR Advisory Group

Civil Justice Council'sODR Advisory Group

ODR Timeline

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2000 - launched the first ODR service in UK- “We Can Settle” (blind bidding)

2002 – launched the first online mediation service at the Law Society- launched by the Lord Chief Justice, Lord Woolf

2007 – hosted and chaired the 5th United Nations Forum on Online Dispute Resolution

2009 – member of team that drew up the European Committee of Standardisation's Workshop Agreement on standards in ODR

2011 – co-author of the EU funded publication “Costs and Quality of Online Dispute Resolution” and designer of the linked online survey user exit tool

2012 –co-author of European chapter in “Online Dispute Resolution: Theory and Practice” - Eleven

2012 – chaired the session on ODR at the Internet Governance Forum in Azerbaijan

2012- appointed Head of the European Advisory Board to Modria.com Inc

2014 – appointed by the Civil Justice Council to its ODR Advisory Group

My ODR Credentials Obsession

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Have YOU Words To Eat?“ It seems certain that there is practically no chance of (the aeroplane) becoming a commercial means of transport,’” - The Engineer Magazine

“This ‘telephone’ has too many shortcomings to be seriously considered as a means of communication. The device is inherently of no value to us” - Western Union memo 1878

“When the Paris Exhibition [of 1878] closes, electric light will close with it and no more will be heard of it”-Oxford Professor Erasmus Wilson

“The horse is here to stay but the automobile is only a novelty – a fad” -President of Michigan Savings Bank advising Henry Ford’s lawyer

“Television won’t be able to hold on to any market it captures after the first six months. People will soon get tired of staring at a plywood box every night” -Darryl Zanuck (20th Century Fox)

“There is no reason anyone would want a computer in their home.” -Ken Oslon, the president, chairman and founder of Digital Equipment Corporation (DEC) -1977

“The Internet is no place to conduct a mediation” - ?? (you?)

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MEDIUM FOR DISCUSSIONS

TOOLS AND DATA

INTELLIGENT IT

Web ConferencingEmailChatroomsForumsPleadings/document exchange

Re-framingProblem DiagnosisProcess triageCase ManagementCase Profiling and AnalysisArgument Structuring

Game TheoryHeuristicsPrioritisation and Trade-off SupportOutcome SuggestionsLegal Analysis

More Than Skype!

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"In the long run I expect (ODR) to become the dominant way to resolve all but the most complex and high-value disputes".

Professor Richard Susskind - “Tomorrow's Lawyers” - Oxford University Press – 2013 - IT Adviser to the Lord Chief Justice since 1998

"(The court system) may well have something to learn from online dispute resolution on eBay and elsewhere”.

Lord Neuberger of Abbottsbury– President of the Supreme Court- in a lecture at the Institute of Government - June 2013

IN THE INTEREST OF BALANCE….

“You can set up an iChat, but you don't know how people think.”

RyanRyan Bingham

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What Happened to Blind Bidding?

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DISPUTE

ARBITRATION

LITIGATION APPEAL

NEGOTIATIONF2F

MEDIATION

ONLINEMEDIATION

Online technology allows a mediation to start at any time and continue in parallel with other forms of dispute resolution. No need for a stay of proceedings

The Background Mediation Role

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Youstice

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Modria-HiiL project for Dutch Courts

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Civil Resolution Tribunal – British Columbia

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T(witter)ODR?

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http://www.elevenpub.com/law/catalogus/online-dispute-resolution-theory-and-practice-1

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Democracia Digital e Governo Eletrônico 10 (2014) 206-221

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“Beware of the risk that legislation strangles innovation”

Amanda Long of Consumers International at ‘Breaking Mad’ UC Hastings 25-06-14

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The Five Questions

1. Transferability. Are there any characteristics of certain disputes that are fundamentally unsuited to ADR/ODR?

1. How far are the ADR/ODR features transferable to courts/tribunals?

3. Could courts/tribunals be modified incrementally to adopt ADR/ODR features? Legislation? Are courts/tribunal models fundamentally inconsistent with them?

1. Is the culture gap (as seen in personnel features) too wide to cope with adaptation

1. What is court/tribunal model good at?

Resolution Center (3)

MODRIA INC. PROPRIETARY & CONFIDENTIAL

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Online Dispute Resolution

Graham Ross

www.modria.comwww.TheMediationRoom.comwww.BoardroomResolve.com

www.TheResolver.com@mediationroom

g.ross@modria.com

Justice - London, July 23rd 2014

This means there is an explanatory note