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ODR in Piedmont June 6th, 2008. From ADR. = Alternative Dispute Resolution Tools for resolving disputes outside the Court system …. INTERNET. To ODR. (On Line Dispute Resolution). ADR in Italy. Role of the Chambers of Commerce in Italy Arbitration and Mediation Chambers
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ODR in Piedmont June 6th, 2008 Daniela Cena – Piedmont Arbitration Chamber
From ADR = Alternative Dispute Resolution Tools for resolving disputes outside the Court system … INTERNET To ODR (On Line Dispute Resolution) Daniela Cena – Piedmont Arbitration Chamber
ADR in Italy • Role of the Chambers of Commerce in Italy • Arbitration and Mediation Chambers • The Piedmont Arbitration Chamber ODR • Conciliaonline (Tuscany, Piedmont, Rome, Venice, Naples) • Risolvionline (Milano) • WebCuria (Treviso) Daniela Cena – Piedmont Arbitration Chamber
Mediation • Mediation = voluntary and confidential proceeding, where a neutral third party helps the litigants to find an agreement, which will be mutually satisfactory. • For B2B and B2C disputes • advantages: • voluntary • Simple, fast, cost saving method • No binding judgement; • One hearing is sufficient • It ends with an agreement. Daniela Cena – Piedmont Arbitration Chamber
CONCILIA on line http://www.conciliaonline.net/users/torino http://www.conciliaonline.net/users/piemonte Daniela Cena – Piedmont Arbitration Chamber
Sample screen Daniela Cena – Piedmont Arbitration Chamber
Architecture of the service Conciliator Party 1 Party 2 INTERNET Server Daniela Cena – Piedmont Arbitration Chamber
Ease of use • The user only needs to know: - the Web address of the “meeting room” for on line dispute management - the username and password communicated by the office. • The system automatically takes the user to the virtual meeting room, without the need of knowing anything else. • Asynchronous part (before and after the meeting on line) • The user can only download documents or submit new documents. • Synchronous part (on line meeting) • When the user enters the room, the conciliator will take over his guidance. • A message system will notify the user of the things he can or cannot do. • Icons in the user window always indicate the status of the user in real time • Languages: • The system is designed with messages and interface in Italian and English. Daniela Cena – Piedmont Arbitration Chamber
Synchronous and asynchronous functions • Asynchronous part (before and after the meeting on line) • Sharing of document: It is possible to share any documents that may be the subject of the dispute among all the parties to it. • Synchronous part (meeting on line) • Mode of communication: Communication is made in the following ways: Chat with text, Audio, Video. • Directing functions: The conciliator has all the on line functions to moderate a discussion on line between two or more parties. Daniela Cena – Piedmont Arbitration Chamber
LINE INSTRUMENTS ADSL / HDSL Web Cam ISDN / ADSL Microphone and speakers or earphones Analogical line No instrument Analogical line No instrument Modes, types of access, instrumentation COMPLEXITY OF USE MODE’ VIDEO AUDIO CHAT WITH TEXT DOCUMENTS and MESSAGES Daniela Cena – Piedmont Arbitration Chamber
Sharing of documents Secretary (operator mgr.) User (party) Conciliator User (party) Documents from conciliator Documents from user Documents from secretariat Daniela Cena – Piedmont Arbitration Chamber
Sharing of documents Types of documents that can be shared: • Matter of dispute (e.g. a disputed bill that has been digitalized, or a brochure, or a contract). • Settlement report (which could be made available by the Conciliator, downloaded by the parties, signed digitally, and returned to the conciliator). • Shared documents may also be simple text messages, without enclosures, that the conciliator views and decides whether or not to make available. Format of shared documents: • There are no limits on the format of the documents (they can be text, images, and also wav and video recordings) Daniela Cena – Piedmont Arbitration Chamber
CONCILIA ON LINE Virtual meeting room Number of users: The window of CONCILIA On Line is set with dimensions for 4 simultaneous users in audio and video mode. Sharing of documents: There is a section on the left where documents are uploaded and made available if useful for dispute management. Chat with text messages: Under the audio/video windows there is a shared window for text messages between all of the parties involved in the dispute management. Directing functions: The Conciliator has keys at his disposal to enable each party and arrange the mode of dispute management (chat, audio, video). System messages: A detailed system message system informs each user of his status and the status of proceedings and what he can or cannot do at any time Daniela Cena – Piedmont Arbitration Chamber
Directing functions Enabled for transmission Enabled for reception Enabled for transmission Not enabled for reception Not enabled for transmission Enabled for reception Not enabled for transmission Not enabled for reception User Party User Party User Party User Party Conciliator The Conciliator enables and disables the party with simple clicks of the mouse on the users’ windows Daniela Cena – Piedmont Arbitration Chamber
CONCILIA on line Icons to enable or disable Directing functions for the mediator and the secretary ; the icons to enable and disable appear on the mediator’s window when the mouse is passed on.
CONCILIA on line total enabling/disabling functions RECEPTION: The conciliator can enable or disable another user to see, listen, read comunications from the others: TRASMISSION: The conciliator can enable or disable another user/s from being seen, listened, readed from the others :
CONCILIA on line partial enabling functions The conciliator can also operate on other icons on the users’ window, to disable their audio or video transmission. He can allow or prevent a user to be seen by the others: He can allow or prevent a user to be heard by the others :
Icons on the user’s status User: the disabled icons appear on his window , to show him his status
private conversation Private conversation between the conciliator and party 2 Conciliator Party 1 Party 2 INTERNET Server Daniela Cena – Piedmont Arbitration Chamber
CEN: European Commettee for standardization In March 2008 Firenze Tecnologia has been entrusted with a task for development of a european standard for ODR systems (On line Despute Risolution).The activity will be held within the "CEN/ISSS Workshop Stand ODR", proposed by Unioncamere Toscana, supported by Eurochambres, CMAP (Centre de Médiation et arbitrage del Paris) and ECC-net Kehl. Daniela Cena – Piedmont Arbitration Chamber
info Piedmont Arbitration Chamber via S.Francesco da Paola 24 Tel. 011 5716961/2 , Fax 011 5716965 E-mail cam.arbitrale@pie.camcom.it Web site www.pie.camcom.it Daniela Cena – Piedmont Arbitration Chamber