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Online Justice: Ethical Considerations for Online Dispute Resolution Practice Colin Rule

Online Justice: Ethical Considerations for Online Dispute Resolution Practice Colin Rule Director of Online Dispute Resolution, eBay/PayPal Seattle University School of Law, October 21, 2010. What is ODR?.

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Online Justice: Ethical Considerations for Online Dispute Resolution Practice Colin Rule

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  1. Online Justice: Ethical Considerations for Online Dispute Resolution Practice Colin Rule Director of Online Dispute Resolution, eBay/PayPal Seattle University School of Law, October 21, 2010

  2. What is ODR? Online Dispute Resolution (ODR) is the use of information and communications technology to help disputants find resolution to their disputes. 2

  3. What is ODR? Online Dispute Resolution (ODR) is the use of information and communications technology to help parties manage, transform, and resolve their conflicts. 3

  4. Resolution Matrix NON-BINDING BINDING PRIVATE JUDGING DIRECT NEGOTIATION HIGH FACILITATIVE MEDIATON ARBITRATION PROCESSCONTROL EVALUATIVE MEDIATON FINAL OFFER ARBITRATION LOW MED/ARB HIGH LOW OUTCOME CONTROL EBAY INC. PROPRIETARY & CONFIDENTIAL

  5. Common (but not all) ODR Types Problem DiagnosisAn automated process that provides buyers and sellers key information and sets reasonable expectations Direct NegotiationA tool that enables disputants to communicate directly through a web forum in an attempt to reach agreement MediationA process in which an impartial third party joins the discussion between the disputants to help them find resolution EvaluationThe endpoint for ODR, where a neutral hears both sides of the dispute and then renders a decision that is binding on both sides

  6. Online communication types ASYNCHRONOUS emails discussion boards chats instant messaging audio conferencing video conferencing SYNCHRONOUS

  7. The Need for ODR All societies must provide redress Without it, users/citizens lose trust Trust is essential to commerce and cooperation Redress is just one element of trust building Offline, redress is usually judicial Courts provide civil and criminal options Law enforcement guarantees outcomes Online, judicial designs don’t work Geographies are irrelevant Enforcement must reside in the code

  8. Resolving Disputes on eBay and PayPal

  9. eBay is bigMore than 240 million usersMore than 4 billion feedbacks left>1 billion items have been listed on the site in 2008If eBay users were counted as citizens, eBay would be the 5th largest country in the world

  10. eBay’s role is uniqueeBay sells nothingeBay buys nothingeBay holds no inventoryeBay has no product,other than the websiteeBay’s job is to ensure that the marketplace continues to run smoothly – as such, eBay is a third party convenor B S S B

  11. File a dispute FILE COMMUNICATE  ESCALATE

  12. File a dispute: step 2 FILE COMMUNICATE  ESCALATE

  13. File a dispute: step 3 FILE COMMUNICATE  ESCALATE

  14. Finding open cases (buyer and seller) FILE COMMUNICATE  ESCALATE

  15. Dispute details page: buyer FILE COMMUNICATE ESCALATE

  16. Global Buyer Protection System Design Central Clearinghouse Seller Sellers each opt-in to the system voluntarily ODRProviders Seller OASCaseDB ODR providers apply and are approved individually Seller Key Components:A Central Clearinghouse, who maintains the case database; National Administrators; and ODR providers approved by the National Administrators NationalAdministrator NationalAdministrator

  17. The Community Court

  18. Ethical Dilemmas • Differences between F2F and online DR • Impartiality / Independence • Cost and fees / Accessibility • Confidentiality / Transparency • Systems design 2008 UN ODR WORKING GROUP 20

  19. Ethical Dilemmas (2) • Power differentials • Repeat players vs. one-off players • Selection bias • Panels vs. practitioners / feedback • Enforcing ethical standards • International standards programs 2008 UN ODR WORKING GROUP 21

  20. 2008 UN ODR WORKING GROUP 22

  21. 2008 UN ODR WORKING GROUP 23

  22. Conclusions • ODR is a vibrant and growing segment of the ADR field • Applications are evolving all the time • It brings new ethical challenges for our field • Today’s ODR will look primitive in 5-10 years • ADR practitioners should be aware of ODR tools and techniques 2008 UN ODR WORKING GROUP 24

  23. ResourcesThe National Center for Technology and Dispute Resolution: http://odr.infoThe UN Working Group on ODR:http://www.odr2010.com.ar/ing/UNCITRAL ODR Colloquium: http://www.pace.edu/page.cfm?doc_id=35749ADR Cyberweek: http://www.odr.info/cyberweek.php

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