civil mediation council conference at leeds 22-5-14 -with notes
DESCRIPTION
A presentation on online mediation given by Graham Ross to the Civil Mediation Council Annual Conference held in Leeds on the 22nd May 2014. See in 'notes' view to locate links.TRANSCRIPT
Online Dispute Resolutionwhat?-why?-when?
Graham Ross
@mediationroom
Civil Mediation Council Leeds, May 22nd 2014
This means there is an explanatory note
This red scroll means there is an explanatory note when you view this slide in 'Notes'
2000 - launched the first ODR service in UK- “We Can Settle” (blind bidding)
2002 – launched the first online mediation service at the Law Society- launched by the Lord Chief Justice, Lord Woolf
2007 – hosted and chaired the 5th United Nations Forum on Online Dispute Resolution
2009 – member of team that drew up the European Committee of Standardisation's Workshop Agreement on standards in ODR
2011 – co-author of the EU funded publication “Costs and Quality of Online Dispute Resolution” and designer of the linked online survey user exit tool
2012 –co-author of European chapter in “Online Dispute Resolution: Theory and Practice” - Eleven
2012 – chaired the session on ODR at the Internet Governance Forum in Azerbaijan
2012- appointed Head of the European Advisory Board to Modria.com Inc
2014 – appointed by the Civil Justice Council to its ODR Advisory Group
* Trained over 120 mediators worldwide in ODR.
* Held online mediation roleplay competitions for 12 law schools.
* Spoken on ODR at 22 conferences worldwide – next at the Civil Mediation Conference Leeds, 22nd May 2014
My ODR Credentials Obsession
Have YOU Words To Eat?“ It seems certain that there is practically no chance of (the aeroplane) becoming a commercial means of transport,’” - The Engineer Magazine
“This ‘telephone’ has too many shortcomings to be seriously considered as a means of communication. The device is inherently of no value to us” - Western Union memo 1878
“When the Paris Exhibition [of 1878] closes, electric light will close with it and no more will be heard of it”-Oxford Professor Erasmus Wilson
“The horse is here to stay but the automobile is only a novelty – a fad” -President of Michigan Savings Bank advising Henry Ford’s lawyer
“Television won’t be able to hold on to any market it captures after the first six months. People will soon get tired of staring at a plywood box every night” -Darryl Zanuck (20th Century Fox)
“There is no reason anyone would want a computer in their home.” -Ken Oslon, the president, chairman and founder of Digital Equipment Corporation (DEC) -1977
“The Internet is no place to conduct a mediation” - ?? (you?)
“The use of the Internet is Britain has risen substantially over the last two years, reaching 78% of the population 14 years and over. “
OxIS Report 2013: Cultures of the InternetWilliam H. Dutton and Grant Blank, with Darja Groselj
Access no problem
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 pace of change is accelerating
What is ODR?
Online Dispute Resolution (ODR) is the use of information and communications technology to help
parties find resolution to their disputes.
What is ODR?
MEDIUM FOR DISCUSSIONS
TOOLS AND DATA
INTELLIGENT IT
Web ConferencingEmailChatroomsForumsDocument Exchange etc
Problem DiagnosisCase ManagementCase Profiling and AnalysisArgument StructuringLegal Analysis
Game TheoryHeuristicsPrioritisation and Trade-off SupportOutcome Suggestions
But More Than Skype!
"In the long run I expect (ODR) to become the dominant way to resolve all but the most complex and high-value disputes".
Professor Richard Susskind - “Tomorrow's Lawyers” - Oxford University Press – 2013IT Adviser to the Lord Chief Justice since 1998
12
"(The court system) may well have something to learn from online dispute resolution on eBay and elsewhere”".
Lord Neuberger of Abbottsbury– President of the Supreme Court- in a widely reported lecture at the Institute of Government - June 2013
“You can set up an iChat, but you don't know how people think.”
Ryan Bingham”
In the Interest of Balance…
ODR Generates Valuable Data for ADR
Longitudinal, quantitative studies at eBay/PayPal demonstrate conclusively that effective resolutions generate increased transaction volumes and profits, regardless of the outcome achieved
Good For Business
“QUANTIFYING THE ECONOMIC BENEFITS OF EFFECTIVE REDRESS: LARGE E-COMMERCE DATA SETS AND THE COSTBENEFIT CASE FOR INVESTING IN DISPUTE RESOLUTION”- Colin RuleUniversity of Arkansas, Little Rock, Law Review 34 U. Ark. Little Rock L. Rev. 767
ODR Extends the Market
Parties at a significant geographical distance
One or more parties with a relevant disability
Parties with a negative inter-relationship
Mediation in which the value in dispute does not justify the cost of in-person mediation
Urgent cases involving daily loss/damage
ODR 4F2F
Clarify the facts, history, emotion, concerns etc
Narrow the issues
Discuss privately with each party, the BATNA and WATNA for each of them
Obtain, and try to reach agreement on, any required valuations etc
Help the parties prepare for the mediation both procedurally and in attitude
Following an in-person mediation:-
Finalise negotiations/continue discussions should the in-person mediation fail to fully resolve- the ‘bottomless mediation’?
During the period leading up to an in-person mediation, the mediator can use the online mediation platform to:-
DISPUTE
ARBITRATION
LITIGATION APPEAL
NEGOTIATIONF2F
MEDIATION
ONLINEMEDIATION
Online technology allows a mediation to start at any time and continue in parallel with other forms of dispute resolution. No need for a stay of proceedings
Background Mediation
ODR in the Workplace
Can start immediately at an informal a level as felt appropriate
Issues can be raised early and confidentially before they grow into bigger issues
Discussions are off the company's network so less risk of unauthorised viewing such as may occur (inadvertently or otherwise) with email
Real time 'on the case' mentoring of junior management
Files form growing resource of how to handle disputes to inform less experienced management and create more consistency
Operates as training platform in roleplay cases
Lets talk to Daniel Rainey, Chief of Staff, National Mediation Board, Washington DCR
Resolution Center (3)
25MODRIA INC. PROPRIETARY & CONFIDENTIAL
Asset DividerAsset Divider
SMART SETTLESmartSettle
Encourage a more ideal working environment
Discourage multi-tasking
Know Who You Are Talking To!
http://www.elevenpub.com/law/catalogus/online-dispute-resolution-theory-and-practice-1
Online Dispute Resolutionwhat?-why?-when?
Graham Ross
@mediationroom
Civil Mediation Council Leeds, May 22nd 2014