Center for Conflict Resolution

EU Online Dispute Resolution for Consumer Disputes (2/15/12)
European Commission
At present, the offer of ADR schemes to resolve consumer disputes related to e-commerce transactions is scattered and incomplete. In addition, while half the existing ADR schemes offer consumers the possibility of submitting their complaint online, very few offer consumers the possibility of conducting the entire procedure online. Handling the entire process online would produce time savings and ease communication between the parties.

2012: The Move to Online Dispute Resolution (2/13/12)
Hon. Arthur Ahalt
As a new year begins there is always a clamor to know what is in store for the next 12 months. Some will look at last year and make a string of resolutions and predictions. While I do not pretend to be Carnac the Magnificent of Johnny Carson’s days, here is my take on the trends in 2012 that will shape ADR and ODR.

Mediation and Negotiation by Skype (2/06/12)
Karin S. Hobbs
Should you mediate by Skype? Perhaps. There are benefits and warnings.

Suing Over an Online Review (1/30/12)
Colin Rule
‘A Dallas law firm has filed a lawsuit seeking to learn the identity of a commenter calling himself “Ben” who posted a bad online review. The Lenahan Law Firm claims defamation and seeks $50,000 in damages, Texas Lawyer reports. Partner Wes Black says the suit will allow the law firm to subpoena Google to learn the commenter’s identity.

Attending By Telephone (1/23/12)
Phyllis Pollack
Although the general consensus among neutrals is that the parties to a dispute should attend the mediation in person, at the same time, I have successfully mediated disputes in which one or more or all involved have attended by telephone. Indeed, I have conducted several mediations solely via telephone with success: the cases settled.

Consumer Protection Online Dispute Resolution in BC - The Basics (Video) (1/09/12)
Consumer Protection BC
Find out the basics about Consumer Protection BC's Online Dispute Resolution pilot project. It's an easy and convenient way for consumers to resolve their disputes with businesses.

Towards Crowdsourced Online Dispute Resolution, Part 3 (1/01/12)
Jaap Van den Herik, Daniel Dimov
Using crowdsourcing for solving disputes is a subject that has not been discussed in many scientific publications. However, since Crowdsourced Online Dispute Resolution (CODR) provides a cheap, fast, and democratic dispute resolution, it has a potential that needs to be explored scientifically. How should eBay solve otherwise 60 millions disputes per year? (This is a Part 3 in a 3-part series.)

The Emergence of ODR (12/19/11)
Colin Rule
The Commission’s proposal represents a bold statement on the need for an accessible, well-designed and integrated system for resolving consumer disputes in the EU. If implemented successfully, it could lead to significant new dispute resolution options and other trust building mechanisms for consumers and traders and, in turn, more consumer-driven economic activity across the EU’s single market.

Resolution Center News in BC (12/12/11)
Colin Rule
As shoppers fill the mall in search for the perfect gift this holiday season, there’s bound to be some problems. A not-for-profit group has launched a new pilot project aimed to help and protect the consumer.

Towards Crowdsourced Online Dispute Resolution, Part 2 (11/28/11)
Jaap Van den Herik, Daniel Dimov
Using crowdsourcing for solving disputes is a subject that has not been discussed in many scientific publications. However, since Crowdsourced Online Dispute Resolution (CODR) provides a cheap, fast, and democratic dispute resolution, it has a potential that needs to be explored scientifically. This article discusses the stages of CODR.

Technology in the CA Courts (11/21/11)
Colin Rule
This post examines the state of technology in the California courts, as well as its commitments to advancing the cause.

The Joy of Mediating in my P.J.’s: Telephone-based Mediation (11/07/11)
Susanna Jani
In today’s post our distance mediation team member, the inimitable Ronald Smith, Q.C., describes his own experiences with using the telephone to conduct family mediations. He also shares some of the interesting (and surprising!) lessons he has learned about working with this communication medium:

Imagining the Future (11/07/11)
Joe Markowitz
Congratulations to my fellow SCMA board member, and new president Barbara Brown, for pulling off a very successful SCMA fall conference at Pepperdine this weekend!

A Mediator Marketing Success Story – Kipling Williams: San Francisco Workplace Mediator (11/05/11)
James Melamed
Kipling Williams left a successful workplace management career in the Washington D.C. area to move to San Francisco to, of course, follow his heart. Beginning anew in San Francisco presented an opportunity for this web consultant, a sort of “blank slate,” upon which my marketing experiments could be performed. Whatever visibility I could create for Kipling, we could call that our own. It is against this background that I sought to assist Kipling to expeditiously develop his online visibility as a “San Francisco workplace mediator.” I did not expect that we would create Kipling as an outright Google rock star in the process.

Deciphering Life via Game Theory (11/04/11)
Phyllis Pollack
Mr. Mubarak’s influence waned as cuts in American aid threatened his ability to keep cronies in the army and security forces happy. Underemployed citizens then realized that disgruntled officials would be less willing to use violence to put down street protests against the ailing dictator.

Towards Crowdsourced Online Dispute Resolution (10/31/11)
Jaap Van den Herik, Daniel Dimov
Using crowdsourcing for solving disputes is a subject that has not been discussed in many scientific publications. However, since Crowdsourced Online Dispute Resolution (CODR) provides a cheap, fast, and democratic dispute resolution, it has a potential that needs to be explored scientifically. This article is by Daniel Dimov and Prof. Jaap van den Herik.

Google’s Resolution Process (10/17/11)
Colin Rule
When resolving an order issue, Google refers to the merchant’s policies and terms of service. Merchant’s policies can include items which may not be returned or cancelled, or must be returned before receiving the refund, restocking fees, return shipping fees, and cancellation fees. Please review the merchant’s policies prior to filing an issue.

iPad Mediators (10/17/11)
Karin S. Hobbs
Don’t make the mistake of hiring the iPad Mediator — or, let’s say, the mediator who does not work hard to help the parties settle the case. Find a mediator who will work your case, stay with it until it is settled — unless, of course, you don’t want to settle.

Is It, Or Are We, Really That Important? (10/10/11)
Michael A. Zeytoonian
The other day I was in the men’s bathroom. I couldn’t help but notice that the guy standing next to me was holding up his phone and texting someone. On another occasion I had seen the same guy in the bathroom holding up and reading a document while standing there.

Craigslist Lawsuits (10/03/11)
Colin Rule
What I hadn’t realized was that Craigslist had actually filed a bunch of similar, equally questionable, lawsuits against others. One of those others is a guy named Paul Hubert, who wrote some software that made it easier to manage your Craigslist postings.

Federal Circuit Unveils Model Order on E-Discovery in Patent Cases (10/03/11)
Victoria VanBuren
To address the problem of excessive costs of the discovery process, particularly in patent litigation, the Advisory Council of the Federal Circuit created recently a task force to draft a model rule for e-discovery governance.

“I Listen Better When I Can Talk” (and other disadvantages of videoconferencing in distance mediation) (9/26/11)
Susanna Jani
In a recent post, I explored some of the advantages of using computer-based videoconferencing platforms to conduct family mediations from a distance. In spite of our preference for these platforms, our distance mediation team recognizes that they also come with a number of disadvantages.

Reading the Clouds – Secure File Sharing in ADR Cases (9/20/11)
James Melamed
You can now affordably take advantage of your own secure file sharing “cloud” for case collaboration. You can designate secure cloud folders per case, including email notification of new uploads to authorized users. This supports ongoing 365/24/7 attorney and party involvement in ADR cases, with security, elevated services and substantial cost savings.

Changing the Legal Landscape (9/12/11)
Colin Rule
Undertaking settlement negotiations using traditional lawyers are not only expensive, but the process is often lengthy and exhausting for both parties, regardless the outcome.

Fraudulent “Closed” Reports (9/06/11)
Colin Rule
Colin Rule discusses the process of cases and online reporting