Shopping on line can be easy, simple and save you lots of money. It can also take a lot of your time, frustrate you, and result in unwanted purchases. Now the same can be said for regular high street shopping, but with the vast opportunity presented by the Internet it will pay you to spend a few minutes reading this and understanding how to better optimize your Online Dispute Resolution shopping experience:
1. Compare - without doubt the biggest advantage that the Online Dispute Resolution offers shoppers today is the ability to compare thousands of Online Dispute Resolution at a time. This is a great thing, but not necessarily all the time! Too much can be daunting at times so take advantage of the great comparison sites and where possible let them do the hard work for you.
2. Research - if it has been said it will be on the internet. Ignorance is no longer a justifiable reason for buying the wrong thing. Take the time to research in detail everything that you could possible want to know about
3. Testimonials - don't know anybody that has bought a Online Dispute Resolution? Wrong! If the Online Dispute Resolution is good the internet will let you know. Use the Internet as a friend and get testimonials before you buy.
4. Questions - Got a question about Online Dispute Resolution then search the Forums, FAQ's, Blogs etc. Don't be afraid to ask .....
5. Reputation - Never heard of the company selling Online Dispute Resolution? Don't worry, no reason why you should know every company in the world, but you know someone that does! Use the internet to find out what people are saying about Online Dispute Resolution and build up a picture of their reputation for sales, returns, customer service, delivery etc.
6. Returns - still worried that even after all of the above your Online Dispute Resolution wont be what you want? Check out the returns policy. There is so much competition now that someone, somewhere is bound to offer the terms that you are comfortable with.
7. Feedback - happy with your Online Dispute Resolution then let people know, after all you are depending on others people input in your buying decision, so why not give a little back.
8. Security - check for the yellow padlock on the Online Dispute Resolution site before you buy, and the s after http:/ /i.e. https:// = a secure site
9. Contact - got a question about Online Dispute Resolution, or want to leave a comment then check out the sites contact page. Reputable companies have them and respond.
10. Payment - ready to pay for your Online Dispute Resolution, then use your credit card or PayPal! Be aware of companies that don't accept them, there may be genuine reasons but given the huge amount of choice you have when buying online there is no reason at all not to buy via credit card or PayPal.
Online dispute resolution (ODR) is a branch of
dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or
arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of
Alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
Alternative definitions
In practice it is difficult to provide a self-contained definition of ODR, and given the pace of change it may not even be possible to do so. The use of technology usually involves the use of internet-based communications technology at some stage, but ODR does not necessarily involve purely online processes – further, many could be replicated offline using pen and paper, or could be achieved using computers without internet connections.
The range of terms and wiktionary:acronyms used to describe the field augments the confusion often felt by those unfamiliar with the new field of ODR. These terms include:
- internet Dispute Resolution (iDR)
- Electronic Dispute Resolution (eDR)
- electronic ADR (eADR)
- online ADR (oADR)
ODR has emerged as the preferred term in recent years.
It is uncertain whether these processes form a new
discipline of ADR or a
tool to aid existing methods of dispute resolution. The most appropriate view would be to view ODR as an
wiktionary:interdisciplinary field of dispute resolution.
Methods of ODR
The most common typology of methods of ODR consists of:
- Automated Negotiation
- Assisted Negotiation
- Online Mediation
- Online Arbitration
Automated Negotiation relates to those methods in which the technology takes over (apects of) a negotiation. Most of the ODR services in this area are so-called 'blind-bidding' services. A blind bidding service is an auction mechanism where some or all information about theplayers' bids is hidden. If the bids of both parties come within a predetermined range the technology automatically settles the dispute.
In Assisted Negotiation the technology assists the negotiation process between the parties. The technology has a similar role as the mediator in a
mediation. The role of the technology may be to provide a certain process and/or to provide the parties with specific (evaluative) advice.The online equivalents of
mediation and arbitration are very similar to these offline dispute resolution techniques. Most ODR providers offer services that use two or more of the methods mentioned above.
ODR in India
Online dispute resolution (ODR) in India is in its infancy stage and it is gaining prominence day by day. With the enactment of Information Technology Act, 2000 (IT Act, 2000) in India, e-commerce and e-governance have been given a formal and legal recognition in India. Even the traditional arbitration law of India has been reformulated and now India has Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonised standards of UNCITRAL Model. Even the Code of Civil Procedure, 1908 has been amended and section 89 has been introduced to provide methods of alternative dispute resolution (ADR) in India. Which is a very good thing.
External links
- Tealeaf Technology provides software that captures every online customer's interaction enabling effective online dispute resolution
- ODR.info Site on ODR provided by the University of Massachusetts Amherst's Center for Information Technology & Dispute Resolution
- ODRWorkshop.info International academic workshop series
- provides:- a) information on mediation b) an online platform for use by mediators wishing to offer online mediation c) walk through demonstrations of live real time roleplay online mediations d) a distance training course in online mediation e) a facility for the public to request an online mediation
- GAMA, provides searchable directories of arbitrators and mediators.
- LegalCreation.com Online litigation and dispute resolution services provided by Atlanta Georgia law firm and U.S. Supreme Court member delivering fair and efficient outcomes.
- Online Mediation Solutions - Online Mediation: Your Path to Solutions
- ADR&ODR in India
- SquareTrade Online dispute resolution service for eBay users.
- Cybersettle Inventor of automated negotiation process used by insurance companies, self insured corporations, governmental entities, trial lawyers and consumers.
- Smartsettle automated eNegotiation system using multivariate blind bidding and optimization to quickly produce fair and efficient outcomes.
References
- Dr Mohamed Wahab - Report of the 4th United Nations Forum on Online Dispute Resolution
- E. Katsh & J. Rifkin, Online Dispute Resolution : Resolving Disputes in Cyberspace (Jossey-Bass, San Francisco 2001).
- T. Schultz, G. Kaufmann-Kohler, D. Langer & V. Bonnet, Online Dispute Resolution: The State of the Art and the Issues (University of Geneva 2001).
- C. Rule, Online Dispute Resolution for Business (Jossey-Bass, San Francisco 2002).
- PDF Case Study Link: WESCO Distribution uses Tealeaf Technology to enable effective online dispute resolution
- D.A. Larson, Technology Mediated Dispute Resolution (TMDR): A New Paradigm for ADR, 21 Ohio St. J. on Disp. Resol. 629, (2006).
- A.R. Lodder et al., Essays on legal and technical aspects of Online Dispute Resolution, Proceedings of the 1st International ODR Workshop (Free University Amsterdam 2003).
- G. Kaufmann-Kohler & T. Schultz, Online Dispute Resolution: Challenges for Contemporary Justice (International Arbitration Law Library Series, Kluwer Law International/Schulthess, The Hague 2004).
- J. Zeleznikow & A.R. Lodder, Proceedings of the 2nd International ODR Workshop (IAAIL Workshop Series, Wolf Legal Publishers, Tilburg 2005)
- N. Femenia, ODR And The Global Management Of Customers' Complaints: How Can ODR Techniques Be Responsive To Different Social And Cultural Environments? Joint Conference of the OECD, HCOPIL, ICC, The Hague, Holland, December 12, 2000,
- G. Ross, Online Dispute Resolution and Business (Vindobona Journal of International Commercial Law and Arbitration (2004) 8 VJ 2
- G.Ross - 3rd UN Forum on ODR - Internet Newsletter for Lawyers November/December 2004
- Online Dispute Resolution in India
- E-governance in India: An ODR perspective
- J. Hörnle, 'Online Dispute Resolution' Chapter 12 in J Tackaberry, A Marriott (eds) Bernstein's Handbook of Arbitration and Dispute Resolution Practice (4th edition 2004 Sweet & Maxwell London)
Online dispute resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation,
mediation or
arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of Alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
Alternative definitions
In practice it is difficult to provide a self-contained definition of ODR, and given the pace of change it may not even be possible to do so. The use of technology usually involves the use of internet-based communications technology at some stage, but ODR does not necessarily involve purely online processes – further, many could be replicated offline using pen and paper, or could be achieved using computers without internet connections.
The range of terms and wiktionary:acronyms used to describe the field augments the confusion often felt by those unfamiliar with the new field of ODR. These terms include:
- internet Dispute Resolution (iDR)
- Electronic Dispute Resolution (eDR)
- electronic ADR (eADR)
- online ADR (oADR)
ODR has emerged as the preferred term in recent years.
It is uncertain whether these processes form a new
discipline of ADR or a
tool to aid existing methods of dispute resolution. The most appropriate view would be to view ODR as an wiktionary:interdisciplinary field of dispute resolution.
Methods of ODR
The most common typology of methods of ODR consists of:
- Automated Negotiation
- Assisted Negotiation
- Online Mediation
- Online Arbitration
Automated Negotiation relates to those methods in which the technology takes over (apects of) a negotiation. Most of the ODR services in this area are so-called 'blind-bidding' services. A blind bidding service is an auction mechanism where some or all information about theplayers' bids is hidden. If the bids of both parties come within a predetermined range the technology automatically settles the dispute.
In Assisted Negotiation the technology assists the negotiation process between the parties. The technology has a similar role as the
mediator in a
mediation. The role of the technology may be to provide a certain process and/or to provide the parties with specific (evaluative) advice.The online equivalents of
mediation and
arbitration are very similar to these offline dispute resolution techniques. Most ODR providers offer services that use two or more of the methods mentioned above.
ODR in India
Online dispute resolution (ODR) in India is in its infancy stage and it is gaining prominence day by day. With the enactment of Information Technology Act, 2000 (IT Act, 2000) in India, e-commerce and e-governance have been given a formal and legal recognition in India. Even the traditional arbitration law of India has been reformulated and now India has Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonised standards of UNCITRAL Model. Even the Code of Civil Procedure, 1908 has been amended and section 89 has been introduced to provide methods of alternative dispute resolution (ADR) in India. Which is a very good thing.
External links
- Tealeaf Technology provides software that captures every online customer's interaction enabling effective online dispute resolution
- ODR.info Site on ODR provided by the University of Massachusetts Amherst's Center for Information Technology & Dispute Resolution
- ODRWorkshop.info International academic workshop series
- provides:- a) information on mediation b) an online platform for use by mediators wishing to offer online mediation c) walk through demonstrations of live real time roleplay online mediations d) a distance training course in online mediation e) a facility for the public to request an online mediation
- GAMA, provides searchable directories of arbitrators and mediators.
- LegalCreation.com Online litigation and dispute resolution services provided by Atlanta Georgia law firm and U.S. Supreme Court member delivering fair and efficient outcomes.
- Online Mediation Solutions - Online Mediation: Your Path to Solutions
- ADR&ODR in India
- SquareTrade Online dispute resolution service for eBay users.
- Cybersettle Inventor of automated negotiation process used by insurance companies, self insured corporations, governmental entities, trial lawyers and consumers.
- Smartsettle automated eNegotiation system using multivariate blind bidding and optimization to quickly produce fair and efficient outcomes.
References
- Dr Mohamed Wahab - Report of the 4th United Nations Forum on Online Dispute Resolution
- E. Katsh & J. Rifkin, Online Dispute Resolution : Resolving Disputes in Cyberspace (Jossey-Bass, San Francisco 2001).
- T. Schultz, G. Kaufmann-Kohler, D. Langer & V. Bonnet, Online Dispute Resolution: The State of the Art and the Issues (University of Geneva 2001).
- C. Rule, Online Dispute Resolution for Business (Jossey-Bass, San Francisco 2002).
- PDF Case Study Link: WESCO Distribution uses Tealeaf Technology to enable effective online dispute resolution
- D.A. Larson, Technology Mediated Dispute Resolution (TMDR): A New Paradigm for ADR, 21 Ohio St. J. on Disp. Resol. 629, (2006).
- A.R. Lodder et al., Essays on legal and technical aspects of Online Dispute Resolution, Proceedings of the 1st International ODR Workshop (Free University Amsterdam 2003).
- G. Kaufmann-Kohler & T. Schultz, Online Dispute Resolution: Challenges for Contemporary Justice (International Arbitration Law Library Series, Kluwer Law International/Schulthess, The Hague 2004).
- J. Zeleznikow & A.R. Lodder, Proceedings of the 2nd International ODR Workshop (IAAIL Workshop Series, Wolf Legal Publishers, Tilburg 2005)
- N. Femenia, ODR And The Global Management Of Customers' Complaints: How Can ODR Techniques Be Responsive To Different Social And Cultural Environments? Joint Conference of the OECD, HCOPIL, ICC, The Hague, Holland, December 12, 2000,
- G. Ross, Online Dispute Resolution and Business (Vindobona Journal of International Commercial Law and Arbitration (2004) 8 VJ 2
- G.Ross - 3rd UN Forum on ODR - Internet Newsletter for Lawyers November/December 2004
- Online Dispute Resolution in India
- E-governance in India: An ODR perspective
- J. Hörnle, 'Online Dispute Resolution' Chapter 12 in J Tackaberry, A Marriott (eds) Bernstein's Handbook of Arbitration and Dispute Resolution Practice (4th edition 2004 Sweet & Maxwell London)