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Abstract:
Innovations in the use and application of technology are increasingly making Alternative Dispute Resolution (ADR) services and trainings available to ever wider audiences. For some disputants, online dispute resolution (ODR) makes sense due to the challenges posed by geographic distances, time and scheduling concerns, or the other obstacles posed by face-to-face meetings. Some ADR practitioners and programs are integrating ODR into their traditional practices by moving some part of the dispute resolution process online. This paper will give a broad overview of the ways in which technology is changing ADR practices and making ADR services available to previously underserved disputants.

This paper was presented at the 8th Annual Conference of the American Bar Association's Section on Dispute Resolution, 5-8 April 2006, Atlanta, USA.

online dispute resolution, ODR, alternative dispute resolution, dispute, technology

Abstract:
One of last year's College of Organisational Psychologists professional development seminars in Melbourne focused on the topic of virtual teams and flexible working. The presenters, Dr. Neville Meyers from Queensland University of Technology and Mike Sinclair, Director of IT projects at Shell, indicated that virtual work teams are a common characteristic of many Australian workplaces and their current performance success is likely to lead to an increase in their application around the world. One of the most salient differences between the traditional office and the virtual office is that more communication is likely to take place via electronic media (Meyers & Hearn, 2000). Computer-mediated communication strategies such as email, instant messaging, NetMeeting and video or tele-conferencing are frequently used to disseminate new information, provide performance appraisal and feedback and engage in negotiation.

It is therefore important to be aware of how computer-mediated communication differs from the traditional face-to-face alternative and in what instances one approach may produce more beneficial outcomes than the other. The following discussion reviews some of the research examining differences between face-to-face and computer-mediated communication, in an attempt to clarify the advantages and disadvantages of each approach across different contexts. Specifically, issues of online negotiation, feedback objectivity, applicability, fraud and accessibility are discussed.

online communication, mediate, negotiation

Abstract:
Every community - whether physical or virtual - will inevitably experience conflict. New ways of interacting through information and communications technology lead to new conflicts, such as domain name or e-commerce disputes. At the same time, governments need to deal with the entire range of disputes in society, whether crimes, neighborhood disputes, ethnic conflict or disputes with its own employees. A key role for government and for e-governance is providing mechanisms to help resolve these disputes.

The emerging area of online dispute resolution (ODR) potentially offers a useful set of tools and techniques for resolving disputes. Capable of being used for both online and offline disputes, ODR has already proved that it can provide effective resolution for at least some disputes: more than 1.5 million cases had been successfully resolved online to July 2004 (Conley Tyler, 2005). Governments and e-governance institutions around the world are adopting or considering the applicability of ODR as a tool for digital government.

online, dispute, resolution, conflict

Abstract:
This paper explores the potential role of online dispute resolution (ODR) in family disputes. Following recent reforms in family law in Australia, primary dispute resolution processes (PDR) such as mediation have become the default process for the majority of cases in which there are disputes over parenting or property. PDR processes can potentially be enhanced by the use of information and communication technology. But despite potential benefits for some categories of disputants, the application of ODR to family disputes has been little explored. We identify and classify nine ODR systems that have relevance to family disputes. While further research and system development is needed, we conclude that ODR remains an interesting if not yet fully developed new tool for family dispute resolution practitioners. As the increased use of information and communication technology and the Internet influence the way in which services are delivered, practitioners and providers of dispute resolution services would do well to anticipate that some clients will want ODR offered as an option for facilitating family disputes.

online dispute resolution, family, Australia, mediation

Abstract:
The Editors are pleased to provide an updated Index of articles, publications and active links to publications relating to online dispute resolution to assist those investigating or researching ODR.

online dispute resolution, ODR, index

Abstract:
Teachers and schools around Australia are being asked to take responsibility for ensuring safe schools and promoting citizenship among students. This is part of an international movement to use school-based education to promote a global culture of peace.

The International Conflict Resolution Centre at the University of Melbourne recently co-developed a national peace education curriculum for primary schools in Vietnam with Vietnamese educators. This experience highlighted three important peace education tools that can also be used within an Australian context:

• the UNESCO "peace keys"
• physical games and
• reflective material.

student safety, citizenship, peace, global-culture, curriculum, UNESCO, physical, reflective

Abstract:
New information and communication technologies such as the internet offer new capabilities for mediators. Online dispute resolution (ODR) refers to dispute resolution processes such as mediation assisted by information technology, particularly the internet. At least 115 ODR sites and services have been launched to date, resolving more than 1.5 million disputes. A number of these online dispute resolution services have been launched in the Asia Pacific including examples from China, the Philippines, Malaysia, Singapore, Australia and Sri Lanka.

However this paper challenges the current paradigm being used for development of online dispute resolution and its application to the Asia Pacific region. Instead, it suggests that a more Asia-Pacific perspective needs to be taken that responds to the patterns of technology adoption in this region. In particular, the next generation of online dispute resolution systems will need to reflect the rich diversity of cultures in Asia and its unique socio-political textures. In doing so, these ODR systems will need to address peacebuilding and conflict transformation using technologies already prevalent in the region, like mobile telephony and community internet radio. Practical suggestions are made for future areas of development in ODR after a brief exploration of key challenges that influence the design of such systems.

mediation, asian perspective, online dispute resolution

Abstract:
Corporate citizenship is undergoing a paradigm shift. Business is forced to take greater responsibility for environmental and social issues and more recently, human rights and involvement in intra-state conflict. Where multinationals are accused of complicity in human rights abuse and conflict, they must work with advocates of corporate citizenship and develop community engagement strategies that assist them to build, not reduce, peace.

This paper will outline ways in which business is protecting itself by increasingly engaging its stakeholders, which for some companies can include local communities experiencing violent conflict. In particular, the business imperative for including conflict resolution processes in its community engagement will be shown. Such practices will protect a company in its stakeholder relationships including where a company operates in regions suffering intra-state conflict.

This paper will provide guidance on how business can be a peacebuilder through its community engagement strategies: through its core business, community development initiatives and advocacy on public policy. In the long-term, this may include business acting as a mediator between warring parties through key employees who are not just community engagement experts, but also 'Inter-Track Business Diplomats'.

This paper will present the business case for companies acting as peacebuilders for their profit and long-term growth.

Conflict, peacebuilding, business, companies, stakeholder

Abstract:
Over the past two decades courts and tribunals around Australia have introduced a range of alternative dispute resolution (ADR) techniques such as mediation as a standard part of their case management procedures. However, there is still significant variation in how ADR processes are administered in different courts and tribunals. This article reports on an independent evaluation of a Dispute Settlement Centre of Victoria and Magistrates' Court pilot mediation project. This project focused on diversion to mediation of non-family intervention order cases. The Project was a successful model mediation diversion program, achieving well on indicators such as awareness, clarity of eligibility criteria, proportion of eligible cases referred, client satisfaction with mediation and the number of agreements reached. Given the relatively few studies of such programs to date, the results of this evaluation offer useful insights on a number of issues of judicial administration, including promotion of mediation diversion programs, referral and intake processes, supply of mediation services and liaison between the court and mediation providers.

mediation, ADR, alternative dispute resolution, court referral

Abstract:
In February 2003, a month before the invasion of Iraq, peace and anti-war activists around the world organised mass demonstrations. A coordinated international demonstration against the invasion started on Valentine's Day in Melbourne, Australia, with between 100 000 and 250 000 people in attendance. Australia was one of the countries supporting the United States-led invasion. The Melbourne demonstration was followed by massive demonstrations in cities around the world over the weekend of 14 to 16 February 2003. As many as 10 million people are believed to have voted with their feet against an invasion of Iraq, in what is said to the be largest internationally coordinated demonstration by human beings in history.

This unprecedented achievement of hundreds, or probably thousands, of local peace groups working in synchronicity throughout the world gave a vision of the potential power social movements might have in the 21st century, including the ability to mobilise literally millions of people within only a few months.

This raised the research question of just how this outpouring of support was achieved. Given that we live in an epoch of mass access to communication technologies, it suggested that information and communication technologies (ICT) may have been an important part of achieving the public support the peace movement received. The use of ICTs in the peace movement in Australia has been selected as a case study to investigate this proposition.

The finding of this article is that there have been many constructive, innovative and successful uses of ICTs in the peace movement around Australia. The research also highlights many unrealised synergies among organisations investigated. Suggestions provided in the conclusion include that strength, endurance and creativity, as well as efficiency may be gained from a more organised approach to the peace movement at the national level and that ICT has a role in contributing to this.

online, technology, peace, movement

Abstract:
Negotiation is a key skill for legal practice and one that offers a rich theoretical literature as well as opportunities for experiential learning. However it can be a challenging skill to teach both in the law school and law firm environment. Many teachers have limited time and resources and may be tempted to fall back on a fairly basic model for teaching negotiation skills.

This paper outlines research that is showing new and innovative ways of teaching negotiation skills. While best practice is still evolving, there are a number of clear insights from work to date. Practical suggestions for class activities are offered including in areas such as observation of experts, emotional intelligence and analogical reasoning.

The authors draw on their experience teaching negotiation skills both to students and practitioners. Their experience is varied, ranging from groups of 5 to 180, and includes both law school, law firm, government, corporate and non-profit clients in Australia, New Zealand, South Africa and the U.S.A. In particular, the authors draw on experiences with small group and on-line negotiation teaching with law students at the University of Melbourne and Monash University.

negotiation, legal practice, teach

Abstract:
This paper discusses the role of praxis in peace education at the university level. An internship program is described as an example of how a program that integrates theory and practice might be implemented within a University context. Analysis of the program points to the potential of practical programs for maximizing student learning but also highlights the problems that arise from the lack of isomorphism between the disciplinary organization of a university and the holistic and applied goals of peace education.

peace, education, internship

Abstract:
The incorporation of ODR into the practice of dispute resolution creates the need to address issues of accreditation such as the qualifications of practitioners and standards of practice for resolving disputes online. This paper outlines models for accrediting practitioners and how this impacts on the emerging field of ODR, including case studies of accreditation systems introduced by ODR providers. This paper is based on research conducted for the Department of Justice Victoria (Conley Tyler, Bornstein and Bretherton, 2004).

online, dispute, resolution, accreditation, practitioner

Abstract:
In September 2004, we were both at the Association for Conflict Resolution conference in Sacramento talking about Online Dispute Resolution (ODR). We were lucky enough to be in a room with some of the most experienced online mediators in the world, including people who had mediated 3,000 or more disputes online. We also had as our guest the Chief Executive of SquareTrade.com, now one of the largest providers of alternative dispute resolution worldwide with a record of handling more than 1.5 million disputes (Conley Tyler 2005). Yet we only half-filled one of the smallest rooms at the massive conference venue. It led us to articulate the question: what's going wrong with ODR?

Our suspicion is that most alternative dispute resolution (ADR) practitioners still regard the role of technology in dispute resolution as something of a fringe issue. Usually known as online dispute resolution or by its acronym, ODR, this area can appear specialist, technical and irrelevant to some dispute resolution practitioners.

George Alter's recent article in ACResolution sums this up nicely with a (fictional) letter from frustrated mediator "Face-to-Face in Springfield":

I am continually accosted by ODR experts who are trying to convince me that integrating ODR into my practice is a good thing. (Right!) I am convinced that ODR cannot work because there is no body language, no non-verbal cues in online communications. You can't expect me to be able to guess people's moods and attitudes if I can't see them! Besides, the last thing I want to do right now is to learn another difficult computer technology. Please help me disprove this ODR effectiveness myth, because I am fed up with the suggestion, and I swear, the next person who tells me I should integrate ODR into my practice is getting some empathetic empowerment right in the kisser (Alter 2005, 9).

While this is a parody, it does neatly illustrate some views which we believe are widespread among conflict resolution practitioners. We think there are good reasons for attitudes like this to change.

As "traditional" ADR practitioners, we both started out with some variation of this attitude. With dispute resolution experience including court connected civil and domestic mediation, negotiated rulemaking and public dispute facilitation, international treaty negotiations, community mediation in the Bronx and reconciliation work in South Africa, we were not obvious candidates for developing enthusiasm in ODR. But the more we learnt about the potential role of technology in dispute resolution, the more we started to see the potential of ODR to assist with a range of disputes. One of us was commissioned to do an in-depth study of online dispute resolution carefully weighing its potential. The other tried it with a skeptical view towards proving it was bunk, and was converted. Both of us have learned that ODR can prove useful, powerful, and indispensable in some kinds of cases.

onlilne, dispute, resolution, ODR, human

Abstract:
Negotiation is a key skill for legal practice and one that offers a rich theoretical literature as well as opportunities for experiential learning. However, it can be a challenging skill to teach both in the law school and law firm environment. Many teachers have limited time and resources and may be tempted to fall back on a fairly basic model for teaching negotiation skills. This paper outlines research that is showing new and innovative ways of teaching negotiation skills. While best practice is still evolving, there are a number of clear insights from work to date. Practical suggestions for class activities are offered including in areas such as observation of experts, emotional intelligence and analogical reasoning. The authors draw on their experience teaching negotiation skills to both students and practitioners. Their experience is varied, ranging from groups of 5 to 180, and includes both law school, law firm, government, corporate and non-profit clients in Australia, New Zealand, South Africa and the USA. In particular, the authors draw on experiences with small group and on-line negotiation teaching with law students at the University of Melbourne and Monash University.

teach, skill, negotiation, innovative