Proceedings of the Third Annual Forum on
Online Dispute Resolution

Edited by

 

Melissa Conley Tyler,  Ethan Katsh, and Daewon Choi

Co-edited by Alan Gaitenby

The Forum on ODR was held in Melbourne, Australia, 5-6 July 2004, hosted by the International Conflict Resolution Centre at the University of Melbourne in collaboration with the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP)

 

Preface: Mr Kim Hak-Su, Executive Secretary, United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP)

 

Forum Program and Organising Committee and Editing Team

Virtual Tour of Indigenous Australia

 

 

Part I: The Emergence of ODR

 

History of Online Dispute Resolution (Audio)

Professor Ethan Katsh, Chair, United Nations Expert Working Group on ODR and Director, Center for Information Technology and Dispute Resolution, University of Massachusetts, USA

 

115 and Counting: The State of ODR 2004 (Audio)

Melissa Conley Tyler, Program Manager, International Conflict Resolution Centre, University of Melbourne, Australia

 

Part II: Issues in ODR:                                                      

 

Access and Equity

 

Online Dispute Resolution and Digital Inclusion: Challenging the Global Digital Divide (Audio)

Dr Mohamed Wahab, Faculty of Law, University of Cairo, Egypt

 

ODR - An Australian Perspective on the Digital Divide

Professor Tania Sourdin, Faculty of Law, La Trobe University, Australia

 

Language and Culture

 

The Cultural Vacuum in Online Dispute Resolution

Sharanya Rao, Singapore, Associate Director of Programs, Envision EMI Inc

 

Multicultural Australia, Information Technology and Online Dispute Resolution

Dr Francesca Primerano, Deakin University, Australia

 

Language, Culture and Online Dispute Resolution

Dr Siew Fang Law, RMIT/International Conflict Resolution Centre and David Peter Leonard, Dispute Settlement Centre Victoria

 

Impact of Technology

 

Technical Aspects of ODR: Challenges and Opportunities

Ernest Thiessen, Founder and President, SmartSettle, Canada and Professor John Zelzenikow, Victoria University, Australia

 

The Real Me Online: Playing with Identity on the Internet

Dr Andrea Chester, RMIT University, Australia

 

Negotiating Online (This aritcle is not available online. Please contact us by email if you would like a copy)

Jaime Tan and Di Bretherton, International Conflict Resolution Centre and Gregor Kennedy, Faculty of Medicine, Dentistry and Health Sciences, University of Melbourne

 

Trade-off Manipulations in the Development of Negotiation Decision Support Systems

Emilia Bellucci, La Trobe University and Professor John Zelzenikow, Victoria University, Australia

 

Choosing ODR

 

Gourmet Procedural Fairness at Fast-Food Prices: Suggesting a Menu for Online Arbitration

Thomas John, Department of Parliamentary Services, Australian Federal Parliament

 

Fitting the Forum to the Fuss with Sticky Defaults: Failure on the Market for Dispute Resolution Services?

Maurits Barendrecht and Berend de Vries, Law Faculty, Tilburg University, The Netherlands

 

The Economics of ADR: is ODR the Next Efficiency?

Elisabeth Opie, Senior Legal Counsel, CSIRO

 

Developing a Global Understanding of Civil Society’s Right to Privacy in Cyberspace

Jeffrey Aresty and Josh Aresty, Aresty International Law, U.S.A.

 

Part III: Applications of ODR

 

ODR and e-Commerce (Audio only)

Colin Rule, Director of Online Dispute Resolution, eBay, USA

 

Online Dispute Resolution and the Courts

Justice Brian Tamberlin, Federal Court of Australia, Australia

        

Online Dispute Resolution and Business

Graham Ross, Managing Director and Founder of The Claim Room, UK

 

The Benefits of ODR in Complex Software Contract Disputes

Dr Stephen Castell, Castell Consulting, United Kingdom

 

Untying the Gordian Knot: ICT for Conflict Transformation and Peacebuilding

Sanjana Yajitha Hattotuwa, Founder, Info-Share, Sri Lanka

 

The Cultures of Peace News Network : Is there Room for Peace Building in ODR?

Nikola Balvin, International Conflict Resolution Centre, University of Melbourne, Australia

 

Online Arbitration in China – An Overview and Perspective

Dr Li Hu, CIETAC Domain Name Dispute Resolution Centre, China

 

Part IV: ODR Practice

 

E-negotiation Systems : Interaction of People and Technologies to Resolve Conflicts

Gregory E. Kersten, Paul Desmarais Power Corporation Professor, School of Management University of Ottawa and Professor, John Molson School of Business, Concordia University, Montreal, Canada

 

The Practice of Mediation Online: Techniques to Use or Avoid when Mediating in Cyberspace

Dr Susan Summers Raines, Assistant Professor of Conflict Management, Kennesaw State University

 

Keeping Pace: On-line Technology and ADR Services (This aritcle is not available online. Please contact us by email if you would like a copy)

David Syme, Commonwealth Attorney-General’s National Alternative Dispute Resolution Advisory Committee (NADRAC), Australia

 

Accreditation of Online Dispute Resolution Practitioners (This aritcle is not available online. Please contact us by email if you would like a copy)

Melissa Conley Tyler and Jackie Bornstein, International Conflict Resolution Centre, University of Melbourne, Australia

 

Part V: Recommendations

 

Summary and Recommendations by Rapporteurs

Nadja Alexander, Professor of Dispute Resolution, Director of ADR and Practice, Australian Centre for Peace and Conflict Studies, University of Queensland and Laurence Boulle, Professor of Law, Bond University

 

Report Delivered to UNESCAP Regional Expert Conference on Harmonized Development of E-commerce Legal and Regulatory Systems in Asia and the Pacific
Claro Parlade, Cyberspace Policy Center for Asia-Pacifics, Philippines