Four Questions About International Online Dispute Resolution Part Three– EngagingConflicts.com
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. [Earlier posts: Part One, Part Two.]
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?
Authors:
Vonda K. Vandaveer is an attorney based in Washington, DC concentrating on international business law, immigration, and federal procurement. She publishes the U.S. Business and Immigration Law blog, and can be contacted at (202) 340-1215, and vonda@vkvlaw.com. Her law firm site is www.vkvlaw.com.
Gini Nelson is a mediator and attorney based in Santa Fe, NM who publishes the Engaging Conflicts blog. Previous Engaging Conflicts posts on ODR include posts about Cyberweek 2006 and Cyberweek 2007.
