Today’s post continues a series co-authored by myself and international business attorney Vonda K. Vandaveer on the use of online dispute resolution to solve problems associated with traditional ADR.
This post addresses the question:
What Disputes Work Well for ODR?
Online ADR works well for most business disputes, assuming the parties want to obtain a mutually-acceptable resolution to their problem as opposed to “winning.” ODR is amenable to the same styles available in traditional ADR, such as early neutral evaluation, arbitration, and mediation. In fact, in addition to removing geographic barriers, ODR has certain other advantages over traditional face-to-face ADR. For example, with non-visual ADR the parties are spared certain body language and facial expressions that can be counter-productive to resolving the dispute. By removing these visual distractions, the parties can focus on the substantive issues of their problem and improve the chance at reaching a resolution.
This series will continue next week. Next post: My Contract Does Not Address ODR, Can I Take Advantage Of It?
A slightly revised version of this article originally appeared in ADRNews (April 2010), a publication of the Tennessee ADR Commission.Troubled by an ethics enigma? State ADR rules a little vague?...By Marnie Huff
The other day I heard a story about a mom that had decided to go back to school to get her Masters Degree to further her career. She was in...By Jason Dykstra
As a mediator I often hear that the parties to a commercial mediation just want to undertake an evaluative or settlement-focussed mediation. They believe that there are no issues about...By Denise Evans