ONLINE DISPUTE RESOLUTION BY JAMES A. EDWARDS, ESQUIRE I. Introduction, background and history of ODR A. On line consumer purchase disputes - Squaretrade B. Disputes over cyber-squatting C. International trade II. Automated ODR A. settlebot.com (http://www.settlebot.com) 1. Howard MacKinnon, Nova Scotia, Canada 2. Case types 3. Cost basis per session 4. Initiating ODR with settlebot.com 5. Program/progress of ODR with settlebot.com 6. Available additional assistance B. Cybersettle.com 1. Bob Ballou President & CEO 2. Case types, volume oriented 3. Cost basis - subscription 4. Program/progress with Cybersettle 5. Available additional assistance III. Distance or Remote ODR A. Geographical necessity B. Low density population areas C. Efficiency by reduction of travel D. Multiple sites E. Involvement of experts F. Parties unable to attend IV. Safe-haven ODR A. Domestic violence B. Litigation violence C. Health issues
V. Connectivity Modes for ODR A. Skype.com B. GoToMeeting.com C. SecureVideoConference.com VI. Effective techniques for lawyers using ODR A. Presentation considerations B. Client considerations C. Analysis of opponent considerations D. Engagement of claims professionals during ODR E. Confidentiality VII. VIII. Effective techniques for mediators using ODR A. Confidentiality B. Recording capability C. Rapport with parties, counsel D. Who is in person vs. online? E. Concluding settlement F. Payment G. Reporting Pros and Cons of ODR A. Forced focus or view B. Less than full feedback C. Engagement D. Emotion E. Substitute for day in court F. Rapport G. Range of options IX. Ethical Issues for ODR A. Model Rules for ADR B. State Rules for ADR C. Needed modifications D. International issues E. Carry-over concerns from traditional ADR 2
X. ODR projections for the future A. Frequency of utilization B. Amount in dispute C. Mixed media D. Court financial problems impacting ODR E. Developing countries F. International disputes REFERENCES & RESOURCES 1. Almaguer, Alejandro E. and Roland Baggott III. Shaping New Legal Frontiers: Dispute Resolution for the Internet. 13 Ohio Hoit St. J. on Disp. Res. 711. (1998) 2. Bharuka, Devashish and William Fisher. Dispute Resolution in Cyberspace. (2001) http://cyber.law.harvard.edu/ilaw/jurisdiction 3. Conley Tyler, Melissa, One Hundred and Fifteen and Counting: The State of Online Dispute Resolution 2004 in Conley Tyler, Melissa, Katsh, Ethan and Choi, Daewon (Eds.), Proceedings of the Third Annual Forum on Online Dispute Resolution. 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), Melbourne, 5-6 July 2004. Available www.odr.info, March 2005 4. Katsh, Ethan. The New Frontier: Online ADR Becoming a Global Priority. Dispute Resolution Magazine, p.6. (2000) http://www.umass.edu/cyber/katsh0300.pdf 5. Abernethy, Steve. The SquareTrade Experience in Online and Offline Disputes. In Katsh, Ethan and Choi, Daewon (Eds). Online Dispute Resolution (ODR): Technology as the Fourth Party. Papers and Proceedings of the 2003 United Nations Forum on ODR (2003) http://www.odr.info/unece2003 6. Australian Law Reform Commission. Technology - What it Means for Federal Dispute Resolution. Australian Law Reform Commission. Issues Paper 23. (1998) http://www.austlii.edu.au/au/other/alrc/publications/issues/23/alrcip23.html 3
7. Brannigan, Colm (2004). Beyond E-Commerce: Expanding the Potential of Online Dispute Resolution, Interaction, March 2004, 15-17. http://www.crnetwork.ca/magazine/include/beyonde-commerce.pdf 8. http//www.odr.info National Center for Technology and Dispute Resolution 9. http://www.cybersettle.com 10. http://www.settlebot.com/ 11. http://www.gotomeeting.com 12. http://securevideoconference.com 13. http://www.bigmarker.com 14. http://www.ama.asn.au/2012-the-move-to-online-dispute-resolution/ 15. http://distancemediation.ca/2012/02/27/when-it-aint-easy-to-say-the-right-thinghow-distance-mediators-help 16. 2010 to present: Online Dispute Resolution UNCITRAL (United Nations Commission on International Trade Law), Working Group III, www.uncitral.org/uncitral/commission/working_groups/3/online_dispute 17. The Nuts and Bolts of ODR, GPSolo Magazine January/February 2006 www.americanbar.org/newsletter/publications/gp_solo_magazine_home 18. Regulations and Standards for Online Dispute Resolution: A Primer for Policymakers and Stakeholders, Alan Wiener www.mediate.com/articles/awiener2.cfm 19. Getting to Yes- Online! Square Trade s Online Dispute Resolution Service, Ina Steiner, ecommerce Bytes, August 19, 2000 www.ecommercebytes.com/cab/abu/y200/m08/abu0020/s04 20. Are ebay Users Getting a Square Deal from Square Trade? David Steiner, ecommerce Bytes May 25, 2003 www.ecommercebytes.com/cab/abn/y03/m05/i25/s03 21. Domain Names Dispute Resolution Policies, Internet Corporation for Assigned Names and Numbers (ICANN) www.icann.org/en/help/dndr 22. What It Takes For Mediators Around The World To See And Hear Each Other, www.virtual-mediation-lab-usa-international/what-it-takes 4
23. Are You a Mediator New to Skype? Learn How to Get The Most Out of Skype www.virtualmediationlab.com/skype-tutorials/are-you-a-mediator-new-to-skype 24. Web-based Dispute Resolutions Systems Gain Traction as Court Delays and Low Value Disputes Surge,, Christy Burke, Legal IT Professionals May 15, 2012 www.legalitprofessionals.com/christy-burke/web-based-dispute-resolution 25. 2012: The Move to Online Dispute Resolution, Hon. Arthur Ahalt www.mediate.com/articles/ahalta1.cfm 5
JAMES A. EDWARDS Zimmerman, Kiser, Sutcliffe, PA Shareholder Phone: 407-425-7010 x260 Fax: 407-425-2747 jimedwards@zkslawfirm.com James A. Edwards, a Florida Bar Board Certified Civil Trial Lawyer and Certified Mediator, is a native of Orlando. Jim has represented clients in state and federal courts throughout Florida and the Caribbean. During his 32 years of practice, he has litigated cases ranging from straight forward automobile accidents to complex commercial matters to highly technical products liability claims. Mr. Edwards has litigated cases involving banking, bonds, civil rights claims, corporate and partnership disputes, defamation claims, employment matters, false arrest and imprisonment, food poisoning claims, franchise claims, and personal injury or wrongful death cases resulting from product liability claims and from automobile, forklift, railroad and trucking accidents. The product liability and warranty cases Jim has handled involved pharmaceutical and household products, automobiles, trucks, forklifts, manufacturing equipment, chemical sensitivity, toxic torts, construction equipment, sporting goods, and garden equipment. Many of his product liability clients are multi-national or foreign corporations, giving Jim a great deal of experience contesting jurisdictional matters. Jim represents clients in state and federal appeals involving cases that have been tried by his or other firms. Maintaining a client's win from a hard fought trial or reversing an injustice through appellate review has always been an important part of Mr. Edwards practice. Mediation is an integral part of modern complex litigation. Jim is certified by the Florida Supreme Court as a circuit, county, and appellate court mediator. He is also authorized to conduct federal court mediations in Florida. As a neutral mediator, he helps individuals and businesses resolve a wide variety of disputes. For the firm's clients, Mr. Edwards is involved in evaluating and developing strategies to obtain desirable results during settlement negotiations and mediations. Practice Areas: Litigation, Appeals and Mediation Education: J.D. with high Honors, University of Florida College of Law 1979 B.A. with high Honors, Auburn University 1976 Affiliations: American Board of Trial Advocates Florida Bar - Board Certified Civil Trial Lawyer, Trial Lawyers Section, Appellate Practice Section Orange County Bar Association Past Chair Professionalism Committee (2010-2012); Appellate Practice Committee Member U.S. Virgin Islands Bar National Association of Railroad Trial Counsel Million Dollar Advocates Forum Defense Research Institute Certified Mediator Circuit, Appellate, County Courts by Florida Supreme Court Honors: Order of the Coif University of Florida College of Law Super Lawyers Product Liability Defense 2006-2012 6 Orlando Magazine - Best Lawyers 2012 (Product Liability) OCBA Outstanding Committee Chair Award Professionalism Committee (May 2012)
7