Four Questions About International Online Dispute Resolution Part Four– EngagingConflicts.com
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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, Part Three.]
This post addresses the question:
My Contract Does Not Address ODR. Can I Take Advantage of It?
As with traditional ADR, ODR does not need to be specifically required in the contract. The only requirement is that both parties consent to ODR. In fact, even if you are the defendant in a case or feel as if the other party has all the power, you should still consider proposing ODR because the corporate culture of the opposing party might be to promote the use of ADR to resolve disputes.
As an example of the prevalence of this corporate culture, more than 4,000 companies have signed the International Institution for Conflict Prevention and Resolution corporate ADR pledge, and more than 1,500 law firms have signed the law firm ADR pledge, including 400 of the United States’ 500 largest firms.
This series will continue on Thursday. Next post: Are There Special Considerations In Selecting An ODR Leader For Business Disputes?
Authors:
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.
