Today’s post introduces a series co-authored by myself and international business attorney Vonda K. Vandaveer.

For business leaders, alternative dispute resolution rather than litigation has no doubt become the preferred process for handling problems, thanks to its efficiency, cost-effectiveness, and flexibility. As businesses become more global, however, the traditional methods of face-to-face mediation, arbitration or other dispute resolution processes pose significant logistical barriers to parties separated by oceans or continents, calling into question traditional ADR’s value in these circumstances.

For example, a U.S. company with a prime contract to build a camp for the U.S. Army in Iraq may subcontract with a local vendor for day laborers. The contract drafted by the U.S. company inevitably will provide for some form of ADR, such as mediation, but equally inevitably the U.S. company will place venue in its home state, thousands of miles away from the other party.

Needless to say, such a provision presents a financial and logistical hardship to the foreign subcontractor. Not only does the party have to share the mediator’s expenses, its representatives would have to pay for air fare and lodging in the foreign venue.

In addition, this travel means valuable time away from their own business. As would be expected, this term in reality has a chilling effect on the distant party from engaging in ADR with the U.S. company. In fact, if the contract drafter is the more powerful of the parties, it may have included the clause with that very intent, knowing the smaller company has no leverage to argue for a more even-handed term.

If the parties are of equal power, at most they might negotiate venue in a neutral location, which means in case of a dispute both parties will have to pay for flights and lodging and take time away from their work. In addition, unless the parties find a mediator in the local jurisdiction, they would have to pay for the mediator’s expenses as well further augmenting expenses. As a consequence, with no incentive to engage in ADR, the parties will likely end up in court in one jurisdiction or another, the very result both parties were hoping to avoid.

These parties, though, have another solution to these logistical problems that should be included in the international ADR repertoire: online dispute resolution, also known as ODR.

With online dispute resolution, these logistical barriers pose no problem. Each party and the neutral all remain in their respective locations while engaging in the dispute resolution process, saving costs and time away from work. This article wiill address these questions:

1. How Does ODR Work?
2. What Disputes Work Well for ODR?
3. My Contract Does Not Address ODR, Can I Take Advantage Of It?
4. Are There Special Considerations In Selecting An ODR Leader For Business Disputes?

This series will continue next week.

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.

            

Diane Levin recently wrote a great celebratory post spotlighting the state of ADR blogging at her award winning blog Online Guide to Mediation, which is coming up on its third anniversary. In September 2006 I wrote this post on lawyer “versus” ADR blogging, thanks to her work:

Lawyer bloggers are ahead of mediator bloggers. Law blogs emerged in 2002, and, from a handful, the number has grown to over 1,500, according to a recent article published on the American Bar Association web site. Mediator blogs, in comparison, languish as an active “sport.” Indeed, Diane Levin, a mediator, trainer and attorney in the Greater Boston area, reports that there are today perhaps only 59 - yes, 59 - active blogs either devoted to alternative dispute resolution or regularly featuring posts about ADR, including Engaging Conflicts. Her blog, Online Guide to Mediation, was one of the first (in January 2005, I think). A leader then, she has maintained her commitment to excellence in blogging, and has started a new project, a directory of ADR blogs, found here.

Read her update to see how ADR blogging has grown (link above)! Read more »

            

Are you kissing frogs or princes(ses) in your online social networks? I’m in the process of getting to use, getting used to, Facebook and LinkedIn — you’ve probably heard about them. But please also consider the new dispute resolution group at Ning.com!

Ning.com lets you create your own social network for any purpose — and it’s not free form open (chaotic?) in the sense of Facebook, “a social utility that connects you with the people around you.” It’s also not focused on “powering your career” as at LinkedIn, “a professional network.” Frankly, its purpose is whatever we choose to make it, and it’s likely to offer both support (without undue gossip or interruption) and professional development (without the hard “recommend me” push). And it’s also free and easy.

As Colin Rule describes it at OnlineDisputeResolution.ning.com, this new, online social network group: Read more »

            

Occasionally, I’m asked and I’ll answer something that seems worth sharing (for what it’s worth — 5 cents?). Here’s a quick answer to “how to get your blog out there”:

To get the blog known, you must write blog posts; write regularly; and write “well” (giving value to the readers, in an authentic voice, written straight and simply). Next, you identify who you want to network with, in terms of who already has blogs that are related to yours; you add them to your blogroll to acknowledge their value to you; you consider commenting to their posts at their blogs; and you establish to them that your blog gives value through its posts and ask them to link to your blog (after your value is established to them). Third, there are some technical “tips”, such as putting the name of your blog in the post title (like I do); having your post titles be interesting in and of themselves to draw readers; and having your posts link to earlier, related posts in your blog. All these, step by step, grow your readership and credibility– and it won’t be fast, so be prepared to go the distance.

There is much more beyond this, but this is what you do to start, and you do this for at least 6 months in order to get used to this form of communication before you go the next round of activities. So… start blogging! Get the hang of it! See what amount of timing, what kinds of articles, what kind of voice works for you (by which I mean you will be able to continue it naturally on a committed basis).

If you have questions I might help with, please email me, and I’ll see what I can do.