ODR2018 in Auckland, NZ: “Changing Landscapes of Digital Justice”

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The New Zealand Centre for ICT Law, in the School of Law at Auckland University, will host the 18th ODR Forum, on 15th and 16 February, 2018. Join your international colleagues in Auckland – consistently voted one of the world’s top ten “livable” cities – to explore current developments in the rapidly evolving world of digital platforms, portals, networks and courts.

The two key themes for the 2018 Forum are Innovation and Impact. The first, which will be the focus for presentations on the 15th February, will explore updates and developments in the world of taking dispute and justice systems online. The second theme, for the 16th, will address some of the challenges and critical questions that arise through moving beyond innovation into the disruptions that digital justice can create. This “impact” discussion may show that these can be ambivalent developments, in both fostering access to legal and other resources, and challenging other norms.

Central to the discussion at this Forum will be a comparative survey of recent developments in online courts and tribunals, underscoring the central role of digital technologies in the ongoing evolution of legal systems and access to justice. These developments also reinforce the ‘maturation’ of ODR beyond what might have been seen as a digital variant of ADR.

To learn more, just visit the conference website.

Alberto Elisavetsky at Mediation Week 2017 – State of Nuevo León, Mexico

November 6-9,  2017 | MEXICO

The State of Nuevo León and the Council of the Judicature invite you to the Week of Mediation 2017. The event will be hosted in the Auditory of the Superior Tribunal of Justice. In order to assist to the event it’s necessary to complete the pre-registration.

FREE ENTRANCE.

Alberto Elisavetsky, Director ODR Latinoamerica, will participate with the conference “Competences of the XXIst Century Mediator” on Monday 6 at 17:45 hr, and the workshop “Conflict Resolution through new technologies of information and communication” on Tuesday 7 and Wednesday 8 from 09:00 to 15:00 hs.

 

Alberto Elisavetsky in the conference on ADR in Sinaloa, Mexico

The Supreme Court of Justice of the State of Sinaloa, Mexico, and the Western University, organized a serie of conferences called “Alternative Methods of Conflict Resolution”. I had the honor to be invited as a speaker on the subject of distance mediation and access to justice to talk, among other things, about ODR Latinoamerica and the development of the MEL project in the City of Buenos Aires.

Registrations are currently open!

 

sinaola mexico

ODR 4 Refugees: Access to Justice App

Innovation for justice–ODR Style!  A creative new app will offer much needed increased access to justice for refugees:  ODR 4 Refugees.  Designed by ODREurope, it will provide access to multilingual and culturally relevant online mediation services via smartphone technology.  ODREurope’s press release states:  “We have been monitoring the refugee crisis in Greece for the past two years and we have noticed that refugees had no access to dispute resolution mechanisms but they all had third generation smartphones…Therefore, we thought that smartphones could be the ‘fourth’ party in offering refugees online dispute resolution services…the app is easy to use and has several great features as well.”  Institutions, companies, and individuals are welcome to donate to assist in the cost of development.

Online Arbitration for Crowdfunding Disputes

Interesting piece forthcoming in the Floria State Law Review by C. Steven Bradford of the University of Nebraska College of Law, focused on the use of online arbitration to handle disputes arising from fraud in crowd funding websites like Kickstarter and Gofundme.  From the abstract:

“Arbitration is cheaper, but even ordinary arbitration will often be too expensive for the small amounts invested in crowdfunding. In this article, I attempt to design a simplified, cost-effective arbitration remedy to deal with crowdfunding fraud. The arbitration remedy should be unilateral; crowdfunding issuers should be obligated to arbitrate, but not investors. Crowdfunding arbitration should be online, with the parties limited to written submissions. But it should be public, and arbitrators should be required to publish their findings. The arbitrators should be experts on both crowdfunding and securities law, and they should take an active, inquisitorial role in developing the evidence. Finally, all of the investors in an offering should be able to consolidate their claims into an arbitration class action.”

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Indian Law Ministry Urges Use of e-Arbitration to Speed Up Dispute Resolution

The Indian Law Ministry has issued a statement urging government agencies to use fast track dispute resolution to work through the backlog of court cases awaiting resolution.  From The Times of India:

“NEW DELHI: The law ministry has asked government departments to go for online arbitration to fast track dispute resolution… ‘Presently there are more than three crore cases pending in various courts of the country and 46% of these involve government departments or government bodies. Hence, the department of justice is keen to explore options for government departments for settlement of their disputes through alternate methods,’ the ministry has said.

To cut litigation, ministries have been advised not to go to court for their disputes and instead opt for arbitration. ‘This may help courts to concentrate on access to justice to people in better manner,’ the ministry noted. Many of these agencies provide services of retired judges, senior advocates, chartered accountants, retired civil servants for mediation. Providing a list of such agencies on its website, the law ministry has said the departments may select from them according to their choice and can use their services which will ‘help to a great extent in reducing government litigations’.”

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Hangzhou Internet Court

The website of the new Internet Court in Hangzhou, China is now live.

The court is aimed at focusing on:

  1. Online shopping contract disputes
  2. Online shopping product liability disputes
  3. Online service contract disputes
  4. Loan contract disputes and small loan contract disputes
  5. Online copyright disputes

It offers a simple three-step approach:

  • Step one: Filing
    Registration and name certification, as well as complaint completion. After the user is authorized, the system supports the investigation of e-commerce, transactions, logistics, micro-credit, intellectual property and other information.
  • Step two: Mediation
    After the case is filed, the first pre-litigation mediation. Within fifteen days, the mediator contacts the parties, through online, telephone or video mediation.
  • Step three: Court
    If the mediation is unsuccessful, the case is formally submitted to the court, where it proceeds to final decision — including the online payment of litigation costs.

Visit the Hangzhou Internet Court website to learn more.

 

Law + Design Summit at Stanford

Stanford is hosting a one day summit on Law and Design.  From the summit web page:

“At our Law + Design day, we will hear from people at the cutting-edge of design and law, and then use the design process ourselves to define a forward agenda.

Our keynote speech will make clear what a ‘design approach’ means, and how other domains have used it to radically transform systems.

We will hear from people who have been experimenting with user-centered legal services, communications, and products. And then we will work together, using the design process, to define new prototypes and initiatives.

This summit will be both practical and provocative. We will discuss how to bring innovation into your legal organization, while also experimenting with what transformative new designs might be possible.”

An invitation is required to attend, but you can request one via a form on the web site — and there is no cost.  Learn more.

President Xi of China Issues Statement Promoting Internet Justice

h/t to Michael and Andy for the heads up on this recent announcement indicating support from President Xi Jinping for the Hangzhou Internet Court (apologies for the low quality Google Translate translation, but you can click the link to see the original Mandarin) :

“General Secretary of the CPC Central Committee, the President of the Central Military Commission Chairman of the Central Committee to deepen the reform of the leading group leader Xi Jinping June 26 morning to convene the central comprehensive reform of the leading group of the thirty-sixth meeting and published an important speech.  He stressed that focusing on systematic, holistic and synergy is an inherent requirement for deepening reform and an important way to promote reform…

The meeting stressed that the establishment of Hangzhou Internet Court, the judicial initiative to adapt to the development trend of the Internet a major institutional innovation. In accordance with the law orderly, active and secure, follow the rules of the law to meet the requirements of the masses, to explore the rules of the litigation case, improve the trial mechanism to enhance the effectiveness of the trial, in order to maintain network security, resolve network disputes, promote the Internet and economic and social depth integration, etc. to provide judicial protection…”

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