This study details best practices for the use of ODR for commercial disputes in APEC and the need for a user-centric approach. The study considers best practices in the design of ODR platforms, basic principles relating to ODR providers and neutrals, special considerations regarding the use of ODR in courts, and use of ODR in consumer cases.
The starting point for ODR best practices is the UNCITRAL Technical Notes on Online Dispute Resolution (UNCITRAL ODR Technical Notes). The UN General Assembly observed that the UNCITRAL ODR Technical Notes
– “reflect the principles of impartiality, independence, efficiency, effectiveness, due process, fairness, accountability, and transparency,” [and]
– “will significantly assist all [economies], in particular developing [economies].”
In its conclusion, the General Assembly “[r]ecommends that all [economies] and other stakeholders use the Technical Notes in designing and implementing online dispute resolution systems for cross-border commercial transactions.”
Differences between people that are understood to rest on religious motivations or outlooks are often viewed as intractable. The reasoning goes something like this: Since the actions of these people...
By Donal O’ReardonIn the world that we currently live in, with the dominant paradigms we live within, our brains are very rarely explicitly invited into relationship.I don't mean relationship as in romantic connection, but relationship in...
By Sarah PeytonWhen parties are willing to participate in good faith and in an earnest attempt to listen to understand, mediation is usually successful. No matter the outcome, success should be calculated...
By Tony Belak
With the purchase of a Featured Membership, you will be shown on the front page of Mediate.com to web site visitors from your city and region (“state” if you are in the USA). You may appear in more than one city/region by purchasing additional locations.
