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Methods of Online Dispute Resolution
- Automated Conversation
This method relates to the technological overtaking of aspects of negotiation. This procedure was designed to determine economic settlements for claims that are not threatened by liability.
Two types of automated negotiation, double-blind bidding and visual-blind bidding are available. The double-blind tender is applied to determine single monetary issues that exist between the parties, while the visual blind tender is applied to negotiations with any number of parties and questions. This approach is especially popular for insurance claims and business activities and is also an important resource for attorneys because they are able to use it without revealing the subject matter of their approval before an agreement is reached. Also, the right of the parties to appeal the court also persists in the event of failure.
- Expedient Online Resolution without Adjudication
Another ADR mode that prioritizes legitimacy and absolute delivery of adjudication, while acknowledging the litigants' wishes for a simple and rapid disposal of the matter. By discarding any hint of adjudication, services ( e.g., one-day decisions) "fast track" a version similar to blind bidding, which is privately regulated to both parties, and an algorithm determines a fair value that each party must accept. Unlike other services, once accepted by both parties, the settlement amount is applied for the issuance of the Final Resolution Certificate, which is accepted as irrevocable evidence of resolution and final settlement by both parties.
Expedient online non-adjudicative resolution by avoiding adjudication saves the litigants' court time, time away from work, fees and other expenses while protecting both parties from secondary damage. Usually the victor party collects more of its contested amount while the losing party does not suffer any credit damage from having a judgment declared against him.
- Adjudicatory
- Mediation Online
An online mediation usually starts when the parties are sent an email reminding them of the basics of the online mediation. Meetings are then conducted in the virtual medium, i.e. chat rooms, where the mediator can meet with each party individually, or with both parties at the same time. Usually, there is one chat room for conducting joint sessions, one for the meetings, and another for filing and processing mediation related papers. This can be done via emails, too.
Online mediation makes the matter more flexible and quicker to resolve compared to offline mediation, that may see a meeting delayed to a later date because of the mediating parties' overlapping schedules.
This also gives the parties time to plan their response, as one's immediate response to mediation isn't always the best. Other benefits include savings on costs, time and convenience.
- Arbitration Online
Online arbitration is defined as a method of arbitration in which all aspects of the proceedings are carried out on-line. Online arbitration is capable of holding hearings by video conferencing, but more simply allows parties to submit their evidence papers, answer arbitrator's questions and they will obtain a decision from him. This arbitration mode has multiple advantages that resemble online mediation due to its technological nature, such as cost efficiency and greater flexibility.
The disadvantage of online arbitration lies in the absence of face-to - face interactions that have less significance since arbitration depends less on the interactions of the parties, but more on the evidence in writing.
Online arbitration also has its applications for customer disputes inside industry. It is typically unpopular, however, not because it is a poor dispute resolution medium, but because consumers see such arbitration agreements as a barrier to their access to justice through the courts and to file action suits that would result in more compensation.
The introduction of new technology and software has begun to greatly impact the market strategies of the companies. In recognition of this new technology, the WIPO Center for Arbitration and Mediation is creating an electronic, Internet-based dispute resolution program.
The electronic dispute resolution program and all related information is available through the website of the Center's Electronic Dispute Resolution section.
- Law on Uniform Domain Name Dispute Resolution (UDRP)
Conventional arbitration includes the settlement of disputes by the issuing of legally binding rulings, i.e. ensuring the same enforceability before the courts as any other judgment. Additionally, non-binding arbitration procedures can be useful when using ODR methods, as they often facilitate settlements. In addition, the effects of non-binding processes may be reviewed by self-imposed measures.
The most significant example is the creation of UDRP by the Internet Corporation for Assigned Names and Numbers (ICANN) UDRP, which was referred to by some commentaries as an administrative process.
In any case, the UDRP has created a clear global ODR process which allows inefficient combat against cybersquatting by trademark owners. The UDRP is used in bad faith to resolve disputes between trademark owners and users of registered domain names in order to resell it for profitable exchange, or to take advantage of a reputation for trademarks.
- Automated Conversation
- Expedient Online Resolution without Adjudication
- Adjudicatory
