Archive for the ‘Online mediation’ Category

Online Dispute Resolution

June 30, 2009

Recently I had a conversation with someone in regards to Online Dispute Resolution (ODR) and how the person thought it had less human interaction compared to traditional ADR methods. I responded saying I actually think instead of viewing as ‘less’ or ‘more’, it is another choice for the parties. ODR is a new form of human interaction.
It reminds me of a teaching of impermanence– nothing stays the same regardless of how much you like or dislike it. ODR has arrived because people find it useful with the growing use of the Internet and computers. It does not mean it is for everyone and it does not have to be. It is just like hybrids versions of ADR– new ones keep popping up as people’s preferences change and evolve.

The variety of ADR services, now including ODR/iDR I think is reflective of the world we currently live in. Yes, we are ‘global citizens’ more now than ever but there is still that uniqueness that is present and should be acknowledged. Mediation via email or txt is str8 2 da pt 4 sum ppl & that is a good thing.

No idea what that means? No idea what the LOL image means? Embrace technology- Learn text talk here.
For others, letting some machine automate some number that is supposed to make both sides happy works for them. For the stubborn and ancient dinosaurs, there is face to face mediation still. Of course the last comment is sarcastic but my point is look how ADR has evolved. It is an example of the impermanence I mentioned earlier. As times change, it is only natural that the way we as conflict resolvers look at conflict and then appropriately adjust to the parties needs. Let’s not forget, it is their process.
Self determination (recently discussed here) is a major reason people turn to ADR. People like having a say in how issues that directly affect them will be decided. Conflict could be broken down into three levels- substantive, psychological and procedural. It is in the third, procedural, where the new world of ODR has given the parties yet another choice on how to interact with the other party.

Today’s News

March 4, 2009

M.I.A.’s Dad Wants to Mediate

Firstly, are you ready to show your age by saying who or what is M.I.A.?
She is the very famous musician who made it onto millions of TV’s via the grammys performing on her due date (see the picture). That said, he father is offering his services to to the Sri Lankan Government as a mediator in regards to their current conflict.
“Hip hop sensation and British songster M.I.A’s father, Arular Arudpragasam, in an exclusive interview with the Daily Mirror expressed his interest to offer his services as an independent mediator of the ethnic conflict to the government. Speaking, while in Sri Lanka on a visit, Arudpragasam, said that his 30 years’ experience in Sri Lanka’s conflict, would be the primary reason for his inclination. “Even though, right now, the government through its military strength, is thinking we are going to finish this war and attain peace, I feel that peace may be even further away with the current approach,” said the one-time military mentor of the LTTE, referring to the present arena in the North-East.
A question I have is how is he necessarily independent if he served as a military mentor to the LTTE?
Sounds like he knows what he is educated in the concept of ADR, “Arudpragasam noted that Sri Lanka is not living in an era where a solution can be imposed against the will of a people. He observed that the present solution attempted in the island, which is via military combat, is about imposing a unitary state and for the Tamil people, this means the Sinhalese rule over them, which is what brought them to the current state in the first place.
“It is necessary that we work out a solution that is going to be acceptable to the Tamil people.” With the question of acceptability arising, it was queried as to what exactly he proposes as acceptable to the Tamil people, to which he responded that although there are many other communities as well, the conflict is between the Tamil people in the North-East and the Sinhalese of the South – “The solution lies in bringing a new Sri Lanka into existence where people will feel their rights have been met and they don’t feel threatened.”
Full article [here]
Mediation for Man Killed in Oakland Transit Case?
Mediation has been mentioned as a possiblity by the BART (Bay Area Rapid Transit) attorney in regards to the case of a man being shot and killed by a BART police officer a few months back. The family of the deceased has filed a $50 million dollar wrongful death suit against BART.
Full article [here]
Kiwi Mediator Appointed
Silver Fern Farms and PGG Wrightson have agreed to appoint a retired High Court judge to mediate an agreement following Wrightson’s failed attempt at a merger with Silver Fern last year.
Wrightson defaulted last year on an offer to buy a 50 per cent shareholding in Silver Fern for $NZ220 million ($A172.22 million), when it could not come up with the $NZ145 million ($A113.51 million) first instalment earlier in the global financial crisis.
Full article [here] To Improve Dispute Resolution Process
To bad the article is an announcement about a future announcement. That said, the U.S. version of ebay uses the dispute resolution company to handle mediation and disputes between buyers and sellers so I’ll make an outlandish guess that the UK version might do something similar.
Read the not-very-informative article [here]

Conflict Resolution & The UN Charter

February 2, 2009

UN Charter Changes To Include Improved Conflict Resolution?
The Lagos State Lagos State Governor, Mr. Babatunde Fashola, SAN, has called for a review of the United Nations Charter in order to seek for more humane ways to resolve conflicts around the world.

Fashola made the call on Thursday in his office while receiving the Consular-General of the French Embassy in Lagos, Mr. Jean-Luc Bodin.

The governor said, ”The United Nations could consider the review of the Charter to see whether new methods can be developed for conflict resolution. Some of these conflicts can be resolved in more civilized ways,” adding that the issue of conflict resolution had become more expedient since the world was now a global village.

Fashola further said, “These are issues that should engage the United Nations as our two worlds become even closer today more than it was probably 60 years ago. We should begin to develop new methods of resolving conflicts. Why should people kill each other.”

Full story [here]

No Worries Mon, It’s Conflict Resolution Bahamas Style!
In the aftermath of a stabbing incident at Jack Hay-ward High School on Monday, administrative officials at that institution have mounted an aggressive campaign to combat school violence through proper conflict resolution.

Principal Dr. Paula Mortimer sat down with The Freeport News yesterday and explained there was an altercation on Monday involving a large number of students, three of whom were injured as a result, and now the school is taking a proactive approach to tackling violent outbreaks.

“We are inviting our guidance counsellors to go into the classrooms and talk about conflict resolution with our students, particularly among those classes who have the tendency to have disagreements a lot…”
Full Story [here]

Is Scotland Synonymous With International Arbitration?
New measures designed to make it easier to resolve disputes could make Scotland a world-leader in business arbitration, the Scottish Government has said.

…Community Safety Minister Fergus Ewing said: “This government wants to develop Scotland as a dispute resolution centre, which attracts international arbitration cases as well as domestic ones.

“Given the importance of world trade, there will be increasing demand for high quality arbitration services as the way to resolve cross-border commercial disputes.

Full story [here]

Asian Domain Name Dispute Resolution Centre grants Linda Wilcox the right to use her own name
On December 1, 2008, the Asian Domain Name Dispute Resolution Centre (ADNDRC) ordered that the ownership of two domain names and be transferred to Linda Wilcox of Wilcox Safety & Signs Pty Ltd…

‘To begin with, I didn’t know who Snapsite was,” Linda said. ‘It was oh, that’s really weird.’ Snapsite was contacted regarding the domains, but provided no response to inquiries. It was later also discovered that Snapsite was a website development company used by a competitor with whom Linda had been in dispute…

On December 1, 2008, the Asian Domain Name Dispute Resolution Centre rendered a decision regarding this dispute based on three elements:

1. Domain Names Identical / Confusingly Similar to existing Service Marks
2. Rights and Legitimate Interests in the Domain Names
3. Registration of Domain Name(s) in Bad Faith

Linda then submitted a domain name dispute claim to the Asian Domain Name Dispute Resolution Centre (ADNDRC, one of only four (4) providers in the world of dispute resolution services in regards to generic top level domain names (gTLD’s) (eg. .com, .net, .org, etc.).
Full story [here]

Interested in learning more about domain name disputes, the organizations that cover it, and the procedures? I am sure you do, for more info, click this [link].