Cyberweek 2021 is here!

Yes, it’s that time of year again — Cyberweek 2021! This year will be our 23rd annual Cyberweek, the largest online conference focused on Online Dispute Resolution.

The conference will run from October 31 until November 5, and we’ve pulled together an exciting line up of speakers filled with the top presenters from around the globe. Come join conversations on cutting edge topics in ODR with practitioners and scholars, including a panel each day with authors from the newly released treatise Online Dispute Resolution–Theory and Practice (2nd edition).

The homepage for the week is at http://odr.info/cyberweek2021 — and the latest agenda (which we will be constantly updating) is always available here and by clicking on the banner below:

Cyberweek 2021 Agenda

All of the links to join the sessions are embedded in the agenda, and as sessions complete and we upload the video we’ll put the links to watch the recordings into the agenda as well.

Thank you to Cyberweek 2021 Supporters! (Click for the full list)

We will also be posting resources throughout the week — let us know (crule@odr.com) if you have any suggestions or resources you’d like us to share.

We hope to see you online!

ODR and AI Panel Discussion: October 13, 2021 @ noon EDST

Hosted by the National Center for Technology and Dispute Resolution (NCTDR)

https://umass-amherst.zoom.us/j/99162728496


Presentations
Artificial Intelligence & the Future of Dispute Resolution: The Age of AI-DR (Orna Rabinovich-Einy and Ethan Katsh)

Application of the General Data Protection Regulation and Cybersecurity Requirements to Digital Dispute Resolution (Kathleen Paisley)

Online Dispute Resolution Data Security (Chris Draper)

Smart Contracts and Blockchain (Brandon Malone)

This is part of the Authors Webinar Series celebrating the launch of Online Dispute Resolution—Theory and Practice: A Treatise on Technology and Dispute Resolution 2nd edition

ODR & AI                                                     Oct 13 @ noon EDST

ODR Impact on Practice Areas                       Nov 1 @ 10am EDST

Ethics, Culture & Equity in ODR                    Nov 2 @ 10am EDST

ODR, Courts & Justice Systems                      Nov 3 @ 10am EDST

State of Play of ODR Globally Part I              Nov 4 @ 8am EDST

State of Play of ODR Globally Part II             Nov 5 @ 2pm EDST 

New APEC report: Promoting Consumer Protection in eCommerce ODR

The report from our Asia-Pacific Economic Cooperation (APEC) Public-Private Dialogue on consumer protection ODR has now been officially published on the APEC website — from the description:

This report presents the outcomes of a virtual public-private dialogue (PPD) held on 26-28 April 2021 attended by speakers and participants from APEC and non-APEC economies. The goal of the PPD was to raise awareness about the value of online dispute resolution; to highlight the benefits it provides to both consumers and micro, small and medium Enterprises (MSMEs); to encourage APEC economies to consider and promote foundational consumer protections afforded by online dispute resolution (ODR) systems, whether established by the private or public sector; and to consider the challenges and promises of emerging technologies, including artificial intelligence, as they pertain to ODR.

The PPD also contributed to the development of a best practices on ODR document for consideration by the APEC members.”

Click here for the reportClick here for the best practicesClick here for more information

Thanks to all the NCTDR Fellows who contributed to the effort!

Join us for webinar series on new book: Online Dispute Resolution—Theory and Practice: A Treatise on Technology and Dispute Resolution

Book Launch Panel Discussion: Sept 22 @ noon EDST
https://umass-amherst.zoom.us/j/97499531967

Editors Panel Discussion
Ethan Katsh, Dir., NCTDR & co-author, Digital Justice: Technology and the Internet of Disputes (2017, OUP)
Daniel Rainey, Fellow, NCTDR & Principal, Holistic Solutions, Inc.
Mohamed Abdel Wahab, Fellow, NCTDR & Assistant Professor, Faculty of Law at Cairo University, Egypt & Founding Partner of Zulficar & Partners

Chapter Authors Webinar Series
ODR & AI Oct 13 @ noon EDST
ODR Impact on Practice Areas Nov 1 @ 10am EDST
Ethics, Culture & Equity in ODR Nov 2 @ 10am EDST
ODR, Courts & Justice Systems Nov 3 @ 10am EDST
State of Play of ODR Globally Part I Nov 4 @ 8am EDST
State of Play of ODR Globally Part II Nov 5 @ 2pm EDST
Announcements to follow with access links

Rainey, D., Katsh, E., and Wahab, M. (eds.), Online Dispute Resolution: Theory and Practice, Second Edition.  The Hague: Eleven International Publishing, 2021.

Table of Contents

Foreword (Richard Susskind)

Chapter 1 Online Dispute Resolution (ODR): A Look at History (Ethan Katsh)

Chapter 2 Ethical Principles and Standards for Online Dispute Resolution (Leah Wing and Daniel Rainey)

Chapter 3 Lessons from Online Dispute Resolution for Dispute System (Orna Rabinovich-Einy and Ethan Katsh)

Chapter 4 The Human Touch in ODR: Trust, Empathy, and Social Intuition in Online Negotiation and Mediation (Noam Ebner)

Chapter 5 ODR and the Justice System (Larry W. Bridgesmith)

Chapter 6 ODR Accessibility for Persons with Disabilities: We Must Do Better (David Allen Larson)

Chapter 7 Online Dispute Resolution Data Security (Chris Draper)

Chapter 8 ODR and Cultural Components of Dispute Engagement (Daniel Rainey and Alma Abdul-Hadi Jadallah)

Chapter 9 ODR for E-Commerce: Legal Standards and Developments in Asia and Europe (Pablo Cortés, Aura Esther Vilalta and Chittu Nagarajan)

Chapter 10 Online Dispute Resolution in US Courts Looking Back and Going Forward (Paul Embley and Lise Embley)

Chapter 11 ODR and Social Justice: Technology Not Tricknology (Benjamin G. Davis)

Chapter 12 Online Dispute Resolution and Ombudsmanship, Observations on the Use of ODR by Ombudsman Practitioners (Dr. Frank Fowlie, Dr. Clare Fowler and Herb Waye and MALT)

Chapter 13 The Wake-Up to the Virtual Space in Arbitration (Mirèze Philippe and Mohamed Abdel Wahab)

Chapter 14 ODR and Negotiation (Michael Wolf)

Chapter 15 ODR and Mediation (Noam Ebner and Daniel Rainey)

Chapter 16 ODR and Peacetech (Colin Rule)

Chapter 17 Artificial Intelligence and the Future of Dispute Resolution – The Age of AI-DR (Orna Rabinovich-Einy and Ethan Katsh)

Chapter 18 Application of the General Data Protection Regulation and Cybersecurity Requirements to Digital Dispute Resolution (Kathleen Paisley)

Chapter 19 Smart Contracts and Blockchain (Brandon Malone)

Chapter 20 ODR in Canada (Karim Benyekhlef and Nicolas Vermeys)

Chapter 21 ODR and Innovation in the United States (Amy J. Schmitz and Janet Martinez)

Chapter 22 Mediation and ODR in Latin America and Argentina (Alberto Elisavetsky and María Victoria Marun)

Chapter 23 ODR in Europe (Marta Poblet and Graham Ross)

Chapter 24 Online Dispute Resolution and Africa (Ayodele Musibau Kusamotu)

Chapter 25 Online Dispute Resolution in China: Today and Future (Anyu Lee)

Interview on Family ODR

Greetings, everyone — I just had a great discussion about the future of ODR and family mediation on the “Evolving with the Times” podcast with Ronnie Deaver. If you’d like to give it a listen, you can use the player below or listen to it on Spotify here.

Article by María Victoria Marun: Alvin Toffler, ODR, The Red Queen, and the Pandemic

August 2021 – Posted on https://www.mediate.com/articles/marun-ODR.cfm

INTRODUCTION

Much has been written about the future. However, when we read about “what will come” we see it as “something far away”. It is a perception that is always accompanied by the certainty of the present and the randomness of “tomorrow” (most likely we think “We don’t know what is going to happen and… if it will happen). 

It has cost us, human beings, and it is difficult for us to understand what are the steps we must take in order to reach the future. This is so, because making this reflection forces us to think about  the simple, ordinary and everyday things that normally fill our days with occupations, and imagine them in a change, for example, the products we buy, the places we frequent, the social organizations in which we live, the people who integrate our lives, our jobs and / or professions, the lifestyle we live in the present, etc. Probing these these aspects, thinking about their future reality, is not an easy task because it takes us out of the comfort zone that the present gives us, because in our present is “what we know about life”.

Alvin Toffler, in his work “Shock of the Future” said that the individual to survive, to avoid what the author calls “shock of the future”, must become infinitely more adaptable and sagacious than at any time before. However, before human beings can do this, they must understand in more detail how the effects of acceleration influence their  personal life, creep into their behavior, and alter their quality of existence. In other words: We must understand transience. That idea of ??transience of which the author speaks confronts us with a truth ”What today is… tomorrow may not be”. And this is what has happened to us worldwide with the serious  COVID19 pandemic, which has come to modify all that present that we had not long  ago, in our way of life, our customs, the rules of coexistence developed by different countries, etc. .All that social construction that we had for many years, until a year  ago, we realize that they no longer serve us, and most importantly, we are not sure if they will serve us again. Because there is no doubt that when the COVID19 Pandemic passes, it will be very possible that the reality of the world has changed and we need to continue building new ways of coping with existence, as world history has shown us each time a similar situation raised

And, within this great change that we are travelling at high speed, is the way in which we have been applying procedures for the resolution of conflicts, in that relatively slow evolution, -compared to today-,  in which we have been sustaining for several years, from the RAD (Alternative Dispute Resolution) methods, to the RDL (Online Dispute Resolution), a topic that we propose to address in this work.-

ALVIN TOFFLER, THE FUTURE AND ODR

Alvin Toffler predicted that “The illiterate of the 21st century will not be those who cannot read or write, but rather those who cannot learn, forget learning, and learn again.”

Toffler also predicted the spread of interactive media, internet chat rooms, and devices that remind you of “your own dates.”

“Advanced technology and information systems will make it possible for much of society’s work to be done at home via telecommunications over computer connections.”

The author said that the development of information and communication technologies would allow previously unthinkable benefits. An example of these benefits is  telework, predicted for the third wave. However, the educational aspects of this wave seem to have preserved the characteristics of the second wave, this is, education continued in the third wave, under the needs of the second wave.

But in terms of RDL (Online Dispute Resolution – ODR -, there was a group of pioneers in the world,  (Professor Ethan Katch and his team),   who saw  the need to value the existence of ICT, and apply them to Conflict Resolution Systems, and  they gave rise to RDL. Since 1996 the “National Center for New Technologies Applied to Dispute Resolution” at the University of Massachusetts Amherst, focused its research on exploring different ways that allow articulate Conflict Resolution and the use of New Information and Communication Technologies to manage cross-border problems derived from electronic commerce, as a founding activity. The group of experts in charge of this reaserch perceived that the Internet would generate the opening of an appropriate communicational space to solve conflicts.

In Argentina, we have also had a pioneer in ODR issues. Since 2006, Dr. Alberto Elisavetsky has investigated the characteristics, possibilities and limitations of the so-called  “online conflict resolution methods” (RDL). The origin of the analysis abaut the posibility of application in contemporary society of these mechanisms came from the studies carried out by the group of academics led by Professor Ethan Katsh, creator of the National Center for New Technologies Applied to the Resolution of Disputes of the University of Massachusetts Amherst.

Also, Dr. Alberto Elisavetsky created ODR Latin America, – a Social, Scientific and Academic Network-,  that has brought together all of us who believe in the ODR system, organizing countless events around the world, exploring possibilities and encouraging the use of ODR as an alternative method of Resolution. Conflict, warning different responses. Some people  convinced about the real possibilities of this online method to resolve conflicts and others situated in their comfort zone, wondering “What for?”.

The COVID 19 Pandemic had to arrive in an untimely, precipitous, defiant and threatening way, so that we all are able  now to understand, what Alvin Toffler wanted to warn about in the mid-1970s, and what proclaimed  and still continue  Professors of the National Center for New Technologies Applied to Dispute Resolution of the University of Massachusetts, next to their  teams and disciples.

ODR AND THE “RED QUEEN  EFFECT“

The statement known as “The Red Queen effect” derives from the passage of the book “Alice Through the Looking Glass” , a continuation of the children’s novel “Alice in Wonderland”, in which Alice, running without stopping, dragged by the Red Queen’s hand, who was screaming “faster! faster!” thought “I wonder if things are moving with us? and the Queen, guessing her thoughts, shouted  her: Faster, don’t try to speak! “…

When they stopped for a moment “Alicia, surprised, looked around her: – I think we’ve been under this tree all the time!.  Everything is the same as it was -Of course! -said the Queen- ¿How was it going to be? Well, in my country, -said Alice, still panting,-,  if you run so fast for so long, you usually get somewhere else … “A rather slow country!”  replied the Queen. “Here, you have to run everything possible to stay in the same place. To get to another place you have to run twice as fast “

Leigh Van Valen, in an article entitled “A new evolutionary law”, raised in 1979 the Red Queen hypothesis as an ecological and evolutionary principle, which would later become known as the Red Queen Hypothesis, which describes that continuous improvement . of the species  is necessary, only with the objective of maintaining their status quo with the environment. Transferring this concept to our much appreciated task in Online Conflict Resolution, we must say that from many years ago, we “came running” like Alice, trying to get ODR to keep up with the times, to reach this moment when the pandemic situation, desperately has claimed for the use of ODR, as an alternative means to allow access to justice for so many people who cannot leave their homes due to the regulations that have been imposed in order to avoid contagion. .

ODR, THE FUTURE, PANDEMIC, AND THE RED QUEEN EFFECT

Dr. Alberto Elisavetsky in a conference at the annual Meeting of Mediators in the City of La Plata. Buenos Aires, Argentina,, on November 13, 2018, stated “face-to-face mediation is over”.  Probably,  many people didn’t understand the meaning of his words.

Since that date, a short time has passed, and we are able today to see that the future  has already arrived. We find ourselves swimming the waters of the “future of Alvin Toffler” and running the “race of the Red Queen and Alice”. An example of this is that ODR Latin America with its Director Alberto Elisavetsky, and the team of academic professionals who support him, have developed and go on developing training courses, for  mediators in the field of On line Dispute Resolution, because of the request of Government agencies and / or Private Organizations, giving them the capabilities of the e-mediator in Argentine Provinces of Córdoba, Mendoza, Salta, Neuquén, Buenos Aires, and in countries as  Chile, Brazil, Mexico, Ecuador, Spain, Costa Rica, etc ..-

We must say that the pandemic situation that we are facing globally has brought us closer to that future that many saw so distant. This is the future. It just has come. It’s here.  We must be prepared, understanding that the world in which we have lived these first decades of the 21st century has changed and will continue changing rapidly … all the governments of the planet, even those of the most developed countries, are finding  this  coping, this accommodation. to the circumstances, in order to continue providing the fulfillment of the human rights of their  inhabitants. And, all of us,  who have valued and worked for a long time in the field of On line Conflict Resolution, we have been able to verify that we were right when we pondered this system, because it has become an excellent alternative, so that, despite the factual situation of the pandemic, all the people can continue to exercise their right of access to justice.

ENDNOTES

ELISAVETSKY Alberto “La Mediación a la luz de las nuevas Tecnologías” Ed. Erreius- BsAs

Lewis Carroll  Through the Looking-Glass, and What Alice Found There)?  1871

Toffler A. Traducción de J. Ferrer Aleu. (1973). El “shock” del futuro. Barcelona España. Plaza & Janes, S.A, Editores.

Toffler, A. (1985). La tercera ola. Barcelona: Orbis.

VAN Valen Leigh A NEW EVOLI.NIONANY LAW – Department of Biology The University of Chicago Chicago, Illinois 60537- 1979
https://www.mn.uio.no/cees/english/services/van-valen/evolutionary-theory/volume-1/vol-1-no-1-pages-1-30-l-van-valen-a-new-evolutionary-law.pdf

Biography: María Victoria Marun


Attorney Mediator and Senior Lecturer in Law. University Teaching Specialist. Director at Center for Alternative Dispute Resolution of the Bar and Solicitors of the 3rd Legal Circumscription Mendoza. Argentina. University Teaching. Trainer in School Law and Conflict Resolution in Educational Institutions. Investigator ad hoc at Social Conflict Observatory of the National University of Tres de Febrero, Buenos Aires, Argentina. Founder member of ODR Latin Ameríca Academy. Director at Center for Alternative Dispute Resolution of the Bar and Solicitors of the 3rd Legal Circumscription Mendoza. Argentina. University Teaching. Trainer in School Law and Conflict Resolution in Educational Institutions. Investigator ad hoc at Social Conflict Observatory of the National University of Tres de Febrero, Buenos Aires, Argentina. Founder member of ODR Latin Ameríca Academy

New Online Mediation Training Guidelines

Mediate.com’s Online Mediation Training Task Force has shared its Final Report and Recommendations, which can be reviewed in its entirety here. Stemming from a months long working group process from earlier in the year, this Report will be followed by an open online forum September 24, 2021 to discuss the recommendations and path forward.’

While the report in its entirety offers more than 90 pages of suggestions and best practices (specifically including the ICODR standards) the eight key recommendations are:

  1. Develop Online Mediation Advocacy and Resource Capacities
  2. Expand Access to Online Mediation Services and Online Mediation Training
  3. Update Mediation Practice and Ethical Standards to Embrace Current and Evolving Issues Raised by Online Mediation
  4. Assist Existing Mediation Programs to Renovate Basic Mediation Trainings and Expand Online Mediation Training
  5. Define a Universal Online Mediator Code of Disclosure
  6. Encourage Established Mediators to Get Training to Most Competently Offer Online Mediation Services
  7. Expand Online Mediation Mentorship, Clinical and Apprenticeship Opportunities
  8. Elevate the Recognition of Online Mediation as the “Green Way” to Resolve Disputes

For more information on the report, and to download the full document, just visit https://www.mediate.com/articles/OnlineMediationPathsForward.cfm

The new book Mediación en el mundo/Mediation in the world is now online and available in PDF

You can read the PDF on our blog (Spanish only): http://odrlatinoamerica.com/libro-mediacion-en-el-mundo/
With great joy we bring you the PDF of the book MEDIACIÓN EN EL MUNDO, by the hand of its coordinators Daniela Almirón and Gabriel Tubio.
Alberto Elisavetsky participates with a chapter dedicated to ODR, “More than a decade for a self-fulfilling prophecy”, together with prominent authors from Argentina, Spain, Chile, Brazil, Paraguay, Mexico and Italy.

Mediación en el mundo – Book cover

#odr #mediation #book #mediationtheworldbook #management #conflict resolution

More than 200 mediators attend TODRA’s presentation in ODR LATINOAMERICA PRESENTS Cycle

Todra is a platform designed for lawyers and mediators with the aim of serving clients and resolving disputes 100% online.

Todra is LATAM’s first under this format and has already received inquiries from Spain, Colombia and Paraguay. Currently the venture is validating the business model in Argentina and then making it scalable throughout the region. The beta version has already been successfully tested and the market insertion stage is now beginning.

Watch Todra’s Presentation at ODR LATIONAMERICA PRESENTS Cycle! (Spanish only)

REGISTER TO TRY IT FOR FREE FOR 90 DAYS: https://www.todra.net/

Related links:

1.- How to organize the professional’s agenda. https://www.youtube.com/watch?v=l8lF8FlGK8k

2.- How to make an appointment with a professional. https://www.youtube.com/watch?v=sgukpgkTNyc

3.- How to organize a mediation and notify the parties (only for mediators). https://www.youtube.com/watch?v=oVBe-kbnhvo&t=25s

4.- How to use the electronic signature service. https://www.youtube.com/watch?v=apQ0rgmbF9Y&t=10s

5.- How to upload files to the cloud. https://www.youtube.com/watch?v=FSVSC7ApJcU&t=20s

ODR EXPO.TECH 2021 – English Chapter: the complete recorded session

We’re glad to share the full recording of ODR EXPO.TECH 2021 English Chapter with you! Hope you enjoy the great day we had on April 29, with all the ODR expert Platform specialists.

Alberto Elisavetsky, Ana Sambold, Colin Rule, Chris Draper, Rachelly Ashwall, Graham Ross, Laura May Skillen, Mark Likhten, Mireze Philippe, Katrine A. Larsen, Damian Croker & Joe Al-Khayat, Kathryn Hughes, Morenike Obi-Farinde, Dan Rainey.

WATCH FULL RECORDING HERE

https://odrlatinoamerica.com.ar/capitulo-en-ingles/