Thanks to all our presenters and participants for a wonderful 2021 Virtual ODR Forum. While we missed getting together in person, the quality of the presentations and engagement was just as excellent and inspirational as it has been at previous in-person Forums.

If you missed any of the sessions, recordings of most of the sessions are now available to watch on Youtube:

• March 1st AM sessions: https://youtu.be/rB2odgAAf40
• March 1st PM sessions: https://youtu.be/HHWUITohZME
• March 2nd AM sessions: https://youtu.be/4EHMUKcz6zo
• March 2nd PM sessions: https://youtu.be/6eAvq0LdziI

The forum agenda will remain available here.

Also, make sure to watch the excellent streaming sessions (see below).

Hopefully, if the vaccination efforts proceed, we will all be able to see each other in person again in Dublin in December. Until then, take care, be well, and keep up the good work.

The Presence of Artificial Intelligence Applied to ODR in Latin America, María Victoria Marun, Director, Center for Alternative Dispute Resolution of the Bar & Solicitors 3rd Legal Circumscription Mendoza, Argentina [click to view]

Online Sport Dispute Resolution, Dr. Frank Fowlie, Commissioner, Athletics Canada [click to view]

Trust, Empathy and Social Intuition in Online Dispute Resolution, Noam Ebner, Professor of Negotiation and Conflict Resolution, Negotiation and Conflict Resolution (NCR) Program, Department of Interdisciplinary Studies, Creighton University [click to view]

Systems Design and its application in Latin America in the field of ODR, Alberto Elisavetsky, Systems Designer of ODR Applications in Latin America [click to view]

New ODR Needs New Technology,  Zbynek Loebl, Open ODR and PRK Partners [click to view]

ODR for E-Commerce: International Legal Standards and Developments, Esther Vilalta, PhD, Chair in Civil Law, Law and Political Science Dept., Universitat Oberta de Catalunya (UOC) [click to view]

The EU ODR Platform – 5 Years On, Pablo Cortés, Professor of Civil Justice, University of Leicester, UK [click to view]

Lessons Learned from the Unfortunately Asymmetrical Evolution of ODR in Canada, Karim Benyekhlef, Professor and Director of the Cyberjustice Lab, University of Montreal [click to view]

ODR System Design Reimagined for High Stakes Legal Disputes, Michael Wolf, Director, Collaboration and ADR Office, Federal Labor Relations Authority [click to view]

NCTDR is hosting a two day online conference in part to celebrate the new edition of the seminal volume of ODR scholarship ODR Theory and Practice. The agenda will feature many of the authors of chapters in the new book, as well as a deep dive on AI and Dispute Systems Design. We plan to have three hours of sessions in the morning and three hours in the afternoon (US East coast time) on both March 1 and 2 to get better coverage and accessibility for all our friends around the world.

To attend the Forum, the link is listed at the top of the agenda (see below). To register for the conference (it’s free) and add your name to the mailing list, please fill out this form: https://forms.gle/zytse5wiLhyjJrP68

Check out the agenda and access information for the forum here.

Some highlights include:

• A Keynote on Artificial Intelligence (AI), bias, and ODR

• The first readout from a Pew-funded academic ODR research project (the University of Arizona’s Innovation for Justice program)

• A talk from the CEO of Niti Aayog, the policy think tank of the Government of India, who are leading the charge on India’s massive ODR project

Alongside many other presentations and presentations, both live and recorded, from the global leaders in ODR. We hope to see you there!

From the Utatuzi Center website:

“Utatuzi Center (UC) is a highly innovative web-based platform created on the acknowledgment that disputes are inherent and inevitable to human beings. They will arise in our lives and our workplaces at any time.

Accordingly, our goal as Utatuzi Center (UC) is to provide a digital platform that links companies, small and medium-sized firms, and clients from different fields with eminently qualified and highly experienced alternative dispute resolution professionals-Arbitrators, Mediators, and Conciliators- who have been selected for their proven track record of resolving commercial disputes.

We aim at preemptively, proactively, and expeditiously resolving disputes with minimal or zero litigation. Our platform is API-enabled, meaning that the platform will be integrated into our clients’ compatible backend to allow automatic notifications, response, and tracking of disputes at the comfort of their desktops.

We acknowledge the fact that litigation through the court system in Kenya for businesses and small and medium-sized enterprises often takes long, it is expensive, quite cumbersome and procedural. It will most likely destroy any business relationship between the conflicting parties.

Our web-based platform offers well thought Alternative Dispute Resolution (ADR) strategies such as Arbitration, Mediation, and Conciliation through which businesses, firms, and different clients can resolve their commercial, human resource, and other issues and retain a cordial working relationship. Our services will ensure that your disputes are resolved professionally, expeditiously, and confidentially. Therefore, saving you time and resources and allowing you to maximize your business’ goals and profits.

Further, our platform has a modern state of art video conferencing platform which allows for virtual sessions and Online Disputes Resolution ( ODR) for e-commerce transactions and other disputes arising from the internet, thus giving transacting parties a viable recourse. Consequently, negating the need for physical meetings.”

Here’s their overview video from the HiiL Innovating Justice conference:

Learn more at https://www.utatuzicenter.com/

Big news out of New York — the NY State Courts have launched their first ODR system for small claims cases: https://lnkd.in/e_RZGDk. This system, based on underlying technology from Matterhorn, is the first time a technology-based dispute resolution process has been introduced into the NY state court system.

This launch is due in no small part to hard work from NCTDR Fellows David Larson and Amy Schmitz and Vikki Rogers who worked pro bono for years in NY (with many fits and starts) to build support for such a system.

The NY State system launched one week ago and represents a historic leap forward in expanding access to justice. Kudos to all the team members who made it happen — we can’t wait to see where this will lead!

(h/t to Susan Guthrie for the heads up)

The video conferencing and online collaboration company Legaler has publicly announced their compliance with ICODR’s Video Mediation and Video Arbitration standards. From their blog announcement:

“Given the importance of video conferencing in the future of dispute resolution, the International Council of Dispute Resolution’s ‘Video Meeting Guidelines’ provides a vital guide to how online tools can best be used to conduct proceedings in a way that is accessible to clients from all walks of life, fair to all parties, and secure for data sharing purposes. ICODR is the standard-setting body for arbitrators and mediators around the world, with a mission to develop and promote adoption of ethical standards for resolving disputes. At a time when dispute resolution professionals are turning to video conferencing platforms at an unprecedented rate, it is vital that they choose software that is compliant with the Video Meeting Guidelines.

Legaler is a pioneer in guaranteeing industry-first compliance with these guidelines, in line with our mission to ensure that legal services are accessible by everyone. We are one of the first legal technology companies to self-report our compliance with ICODR. This means that dispute resolution professionals using Legaler can rest assured knowing that the platform sends all required notifications automatically, without further action on their behalf, and that all privacy and security features are provided.”

Their blog post further details how the Legaler platform fulfills the requirements set out by the ICODR’s five Video Meeting Guidelines (Accessible, Competent, Confidential, Fair/Impartial/Neutral, and Secure).

Hopefully Legaler’s action will encourage other ODR and online collaboration platforms to follow suit.

You can read the full post https://blog.legaler.com/2021/01/13/how-to-comply-with-icodr-video-mediation-guidelines-using-legaler/

Good friend of NCTDR Luca Dal Pubel shared an announcement about a new divorce and separation ODR platform that just launched in Italy called the Bluebird Project. From their website (translated from Italian):

“Our services are designed to accompany you through the separation procedure in a simple and efficient way.

You can choose between [three] different options, starting from a free information and orientation service, up to a completely guided procedure, designed to address every detail of your family situation.

Orientation service
Answer a few simple questions and find out which procedure is best suited to your situation: the service is completely free. Whether it is separation, divorce, dissolution of civil union or unmarried couple or modification of the conditions of separation and divorce, we are here to advise you on the easiest way.

Basic Di-Visions
Manage your separation independently using our tools to assist in preparing and compiling documentation. Downtime and waiting times are reduced and convenience increases, all with the security of a procedure designed by qualified professionals and the possibility of requesting assistance at any time.

Premium Di-Visions
A completely personalized path, designed to help you and your partner reach an agreement on the points of separation or divorce. A completely online mediation procedure, which you can manage independently in the places and times you prefer. All with the continuous support of our network of professionals: from the search for the separation agreement to the conclusion of the procedure, from start to finish.”

Learn more here: https://di-visioni.bluebirdproject.it/home

Great new podcast featuring two experienced mediators from JAMS looking at ODR… from the blog on the JAMS site:

“Nine months after the onset of the COVID-19 pandemic, the legal community overall has adapted to working in a new environment. For ADR professionals and many attorneys, that means mastering the art of virtual mediation. While some have experienced a more seamless transition than others, everyone had to confront often unexpected obstacles and turn them into opportunities to be successful.

In this new podcast from JAMS, two seasoned JAMS mediators look back at their transition to virtual mediation, discuss early experiences and challenges, and share some pet peeves and tips they have developed along the way. They also offer their perspective on the opportunities that have arisen from virtual mediation and discuss why they are confident virtual mediation is here to stay.”

Listen to the full podcast and read more here: https://www.jamsadr.com/blog/2021/podcast-reflecting-on-nine-months-of-virtual-adr

The proposedEU Digital Services Act is designed to “regulate the obligations of digital services that act as intermediaries in their role of connecting consumers with goods, services, and content… It will give better protection to consumers and to fundamental rights online, establish a powerful transparency and accountability framework for online platforms and lead to fairer and more open digital markets… Harmonised across the EU and directly applicable, the new rules will make it easier to provide digital innovations across borders, while ensuring the same level of protection to all citizens in the EU.”

This Act includes several several sections related to ODR, particularly in terms of disputed content: “The proposal gives users and consumers the possibility to contest the decisions taken by the online platforms to remove their content, including when these decisions are based on platforms’ terms and conditions. Users can complain directly to the platform, choose an out-of-court dispute settlement body or seek redress before courts. “

As well as the requirements for ODR providers operating under the Act:

Learn more here: https://ec.europa.eu/commission/presscorner/detail/en/QANDA_20_2348

(h/t to Rory Van Loo from BU for the heads up)

Cyberweek 2020 is coming November 2-6, 2020! This will be our 22nd Cyberweek, and we’re confident it is going to be the best Cyberweek ever.

We will have platform demos, interviews, webinars, simulations, discussion forums, and time to just hang out and bond with your fellow attendees in a social hour.

Visit the Cyberweek homepage at http://odr.info/cyberweek2020

Click here or on the image below to review the full agenda.

(Note: the agenda will have embedded youtube links so you can replay any sessions you missed)

Fill out the form here to register for the week long online mediation simulation (we’re going to be doing a family simulation)

Thank you to Cyberweek 2020 Supporters! (Click for the full list)

A group of mediators has established a non-affiliated website to promote a pledge by mediators to do all they can to ensure that their mediation practices are as carbon-neutral as possible.

The World Mediators Alliance on Climate Change (WOMACC) Green Pledge can be adopted by any individual mediator. They are also asking prominent mediation bodies to support and promote the Pledge and encourage their members to sign up to it.

The Pledge can be found here.

The website at that link presents the pledge for individual mediators to consider signing, though they are looking for organizational supporters and sponsors as well. They’ve also asked for help in getting wider publicity through personal networks and websites, so please share the link on your social accounts as well if you’d like to help.

Direct link here: https://womacc.org/take-the-green-pledge/