November 13, 2013

New Technology in Family ADR:To Infinity and Beyond!

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The Changing Environment for ADR

MODRIA INC. PROPRIETARY & CONFIDENTIAL

Society is Networking• Broadband internet• Mobile devices• Social networks• If you’re not online, you’re at risk

of increasing irrelevance

The Evolution of ADR• The line between ODR/ADR is blurry• Mediators are doing ODR now• Tech is changing every industry• The law is not immune• The pace of change is accelerating

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Problem DiagnosisAn automated process that provides buyers and sellers key information and sets reasonable expectations

Direct NegotiationA tool that enables disputants to communicate directly through a web forum in an attempt to reach agreement

MediationA process in which an impartial third party joins the discussion between the disputants to help them find resolution

EvaluationThe endpoint for ODR, where a neutral hears both sides of the dispute and then renders a decision that is binding on both sides

ODR Types

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ODR: A Modular Approach

+ ==

+

Privacy Disputes

= Consumer Issues

+ Review Disputes

+ = Commercial

Dynamic Systems Design

Four highly configurable building blocks that can create custom resolution flows for any kind of dispute

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Divorce.modria.com

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Divorce.modria.com

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Divorce.modria.com

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Divorce.modria.com

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Divorce.modria.com

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Divorce.modria.com

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Clearview

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Clearview

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Wevorce

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Wevorce

“Unlike the traditional 2-attorney system, with Wevorce both spouses are guided by a single attorney-mediator known as a Legal Architect. When needed, you will be joined by co-parenting and financial experts to help untangle even your biggest challenges. These experts work together seamlessly, with the help of technology, to provide the support you need at every step.”

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Our Family Wizard

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Parenting Bridge

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Kids On Time

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• Asynchonous interaction- “cooling” distance- you don’t have to react immediately• Pre-communication re-framing• Concurrent caucusing• Archived communication- re-usable language- text-based interaction• Automated procedures (the “fourth side”)

ODR Advantages

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• “ODR” is a bad acronym (too late)• Online, you lose important information

- body language- non-verbal cues• It’s easy for people to drop out or stonewall• People are more strategic online- more likely to lie- less trusting of information• Privacy and confidentiality

ODR Challenges

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The Evolution of ODR

The National Center for Technology and Dispute Resolution: http://odr.info

ABA DR Section ODR Committee, ACR Online Section

ADR Cyberweek http://adrhub.com 10/29-11/2 Text book: Online Dispute Resolution: Theory

and Practice ODR Forums• 13th Silicon Valley, June 2014 www.odr2014.org• 12th Montreal, 11th Prague, 10th Chennai, 9th Buenos

Aires – prior forums held in Cairo, Hong Kong, Melbourne, Geneva, and Liverpool

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Government Pushing ODR’s Advance

BC Civil Resolution Tribunal Act

UNCITRAL ODR Working Group

EU Regulation: Consumer Online Dispute Resolution

* The Working Group is composed of Algeria, Argentina, Armenia, Australia , Austria, Bahrain, Benin, Bolivia, Botswana, Brazil, Bulgaria, Cameroon, Canada, Chile, China, Colombia, Czech Republic, Egypt, El Salvador, Fiji, France, Gabon, Georgia, Germany, Greece, Honduras, India, Iran, Israel, Italy, Japan, Jordan, Kenya, Latvia, Malaysia, Malta, Mauritius, Mexico, Morocco, Namibia, Nigeria, Norway, Pakistan, Paraguay, Philippines, Poland, Republic of Korea, Russian Federation, Senegal, Singapore, South Africa, Spain, Sri Lanka, Thailand, Turkey, Uganda, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America and Venezuela.

“…each case would proceed through four phases. The first phase would be self-help dispute resolution using on-line, interactive tools. If that did not result in resolution, the second phase would be on-line, supervised negotiations. Assuming no resolution, the third phase would involve direct intervention by a case manager to attempt to facilitate a settlement. The final stage would be a tribunal hearing, which could take place on-line.”

“…the Commission agreed that a Working Group should be established to undertake work in the field of online dispute resolution (ODR) relating to cross-border electronic commerce transactions…to create a global system for the resolution of cross-border disputes involving high-volume, low-value transactions.”*

“The Regulation … establishes a EU-wide ODR Platform that will facilitate the resolution of consumer disputes related to the cross-border (and probably also domestic) online sale of goods and provision of services arising from e-commerce...”

Laws are being passed around the world that require ODR:

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Where It’s Heading

ODR is the new frontier for ADR There’s no A in ODR Moving from global to local Moving from online to offline Moving from low value to higher value Regional ODR networks (EU, ILCE) ODR is an essential component of global internet

governance

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Additional Information

• Colin Rule, CEOcrule@modria.com

• Company information available at http://www.modria.com