ARTICLES - Chicago-Kent College of Law



ARTICLES

Nadja Alexander, Mobile Mediation: How Technology is Driving the Globalization of ADR, 27 Hamline J. Pub. L. & Pol'y 243 (2006).

Summary: The article discusses the impact of online dispute resolution on globalization. Specifically it discusses how online dispute resolution overcomes the communication barriers as well as improves accessibility to resolving issues that occur globally.

Richard Birke and Louise Ellen Teitz, U.S. Mediation in 2001: The Path That Brought America to Uniform Laws and Mediation in Cyberspace, 50 Am. J. Comp. L. 181 (2002).

Summary: The article begins with a discussion of the history of mediation in the U.S. since the 1960s. Part Five of the article examines the future of electronic mediation. Though any technology-focused article that is 5-6 years old cannot help being more or less outdated, the section on the promise and pitfalls of e-mediation is still good as it deals with the intangible benefits and drawbacks inherent in any non-face-to-face interaction between parties.

Andrea M. Braeutigam, Fusses That Fit Online: Online Mediation in Non-commercial Contexts, 5 Appalachian J. L. 275 (2006).

Summary: This article also features a history of ADR and ODR, like the Birke article. Here we get closer to the present with a list of some popular ODR sites and a breakdown of the different procedures that ODR can follow. Automated negotiation, "blind bidding", and negotiation support systems are described, and some web sites are mentioned. The article even has a section of material covering applicability of ODR in the family law and employment law contexts. The section lacks examples of Web sites (the Mediate-net project is mentioned in a footnote), but if the lists of pros and cons of online mediation are true, then that will probably change in the near future.

Lee A. Bygrave, Online Dispute Resolution: What it Means for Consumers, Baker & McKenzie Cyberspace Law and Policy Centre (2002).

Summary: This article discusses the enthusiasm surrounding ADR mechanisms, and focuses on how use of the internet and online dispute resolution will affect consumers. The author draws an analogy to fast-food kiosks, which at first glance appear to be delicious, but ultimately fall short of satisfying your hunger. The author also develops a focused list of consumer concerns (as well as business concerns), and how this list should translate into a comprehensive ODR scheme that will benefit all parties involved in the transaction.

Cheri M. Ganeles, Cybermediation: A New Twist on an Old Concept, 12 Alb. L.J. Sci. & Tech. 715 (2002).

Summary: This article gives an overview on the history of worldwide traditional mediation, and the global expansion of what is known as cybermediation, or online dispute resolution. The author delves into the typical characteristics of the mediation process, and then goes into the pros and cons of cybermediation. Further, the author offers Singapore as an international example of cybermediation, and suggests that the United States and other countries should, if possible, follow suit. The article concludes with various other forms of online dispute resolution such as online juries and blind bids.

Joseph W. Goodman, The Pros and Cons of Online Dispute Resolution: An Assessment of Cyber-Mediation Websites, 2003 Duke L. & Tech. Rev. 4 (2003).

Summary: This article discusses the pros and cons for conducting mediations online versus conducting mediations using the traditional method: in person meetings. An example of a benefit of conducting mediations online, that the article discusses, is that there is an electronic record of the mediation; whereas, there are generally no recordings of mediations from in person meetings. An example of a drawback of conducting mediations online, is that the specific types of disputes that can be mediated are more limited when mediations are conducted online (i.e. often can only mediate issues where the only problem is the monetary amount of the settlement).

Arno R. Lodder and John Zeleznikow, Developing an Online Dispute Resolution Environment: Dialogue Tools and Negotiation Support Systems in a Three-step Model, 10 Harv. Negot. L. Rev. 287 (2005).

Summary: Here’s something a bit different. This article is more technical and theoretical than many other law review articles. The authors propose a model for ADR software and they go into detail about it. The section explicating the model will not be for everyone (variables, logic statements, algorithms). Once the reader skims over those sections, the authors have an interesting discussion of contexts and instances where negotiation support systems can fail to achieve a just result.

WEBSITES



-Various articles and general information about online dispute resolution (ODR).



-An online tool for settling primarily insurance claims.

InterNeg,

-Canadian university collaboration focusing on negotiation support systems.

The UMass Center for Information Technology and Dispute Resolution,

-Ethan Katsh’s group; all about online dispute resolution.

Private Judge,

-Online arbitrators and mediators, former judges.



-Online dispute resolution website that settles e-commerce conflicts between consumers and merchants.



-Discusses the increasing popularity of online dispute resolution and how this increasing popularity will effect the legal field as well as many other professions.



-Article announcing a Partnership Agreement between Cybersettle, Inc. and American Arbitration Association.

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