Many of us have been hearing about Online Dispute Resolution (ODR) for years but haven’t quite got round to using it. It sounds like a nice idea when face-to-face mediation isn’t an option through distance and/or cost. And yet I suspect that for most mediators the ‘gold standard’ is being in the same room as…

The UK’s Civil Justice Council has recently reported (http://www.lawgazette.co.uk/law/civil-justice-council-explores-online-dispute-resolution/5040975.article) on an initiative to promote online dispute resolution, through setting up an Advisory Group. Heading that group is Dr Richard Susskind, one the strongest promoters of ODR and of the role information communication technology (ICT) in the practice of law. In line with the EU’s Directive…

This fall, I taught a course on “Managing Litigation for Corporations” at the Straus Institute. The following post is a summary of some insights that came out of the experience. I felt that this was important to share with you, as it evidences attitudes of those about to enter the field and the challenges in…

One of the many challenging aspects of mediating cross border cases is the fact that by definition, the parties tend to be in separate countries (and often the mediators too). One way of getting over this hurdle is by using one of the many information and communication technologies there are available these days. This month,…

The European Parliament has adopted two key legislative measures regarding ADR for consumer disputes. The first Resolution deals with the proposed Directive on alternative dispute resolution (amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC) and the second Resolution deals with the proposed Regulation on online dispute resolution (ODR). Both acts adopted on March 12, 2013,…

The Report on the proposal for a regulation of the European Parliament and of the Council on online dispute resolution for consumer disputes (Regulation on consumer ODR) (COM(2011)0794 – C7-0453/2011– 2011/0374(COD)) has been published by the Internal Market and Consumer Protection Committee (IMCO) of the European Parliament. IMCO has been working on two legislative proposals…

Yes I do –  and as I stood 4th in line outside Dick Smith’s (read  PC World or Radio Shack) at 5am Friday week ago waiting to get my hands on my first iPad I resolved to make the iPad 3 central to my practice. The guy next to me had been on the TV…

Imagine an e-mediator who can reframe parties’ feelings and overall mood based on their speech patterns as they talk into an ODR program. Imagine recreating the real-life intensity of emotional and social connections through an avatar in an online mediation setting. Imagine anonymous brainstorming, secret meetings in e-rooms and having access to a web-based intelligent…

I have been interested in, and have been training in various methods of Online Dispute Resolution for some time, so when a case of mine recently converted into a type of online mediation I thought I would take some time to reflect on what I learned from the experience. First, a few words about how…

They say that you can take the girl out of Australia but that you can’t take Australia out of the girl. So as an Australian living in Hong Kong, let me leave the east-meets-west stories for another time and begin with the very Australian concept of BYO. It’s a long established tradition in Australia to…