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ODR Master Class

On March 30, I did an interview with Graham Ross as part of a master class in ODR.  There were about 30 participants from 10 countries in the session that focused on basic ODR approaches.  A recording of the session can be found here:  Master Class.

05
Apr 2017
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ADR Lunchtime Series, Part 1

The video of the first session (recorded on March 17) is now available at Session One – my comments begin at 1:03:00.  The next session will be on May 10.

04
Apr 2017
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Mediation Handbook

The Mediation Handbook has finally been published in hard copy – Alan Tidwell and I wrote Chapter 2 – Online Technology:  The New Frontier for Mediation and Conflict Engagement.

28
Mar 2017
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ABA ODR Session

On April 6, several colleagues and I will speak at an Online Dispute Resolution session as part of the 2017 National Symposium.  Together we will cover where ODR has been, how it is being used currently, and where it may find a place in labor and employment law in the future.

13
Mar 2017
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IADRWG Lunchtime Series #1

Today is the first of two sessions with colleagues in Federal ADR, sponsored by the IADRWG.  Today’s topic centers on audio and video platforms and how they are being used in ADR work around the government.  When I have made my remarks, I’ll post an audio link here:

Rainey – March 7 IADRWG Comments

[Note that this is an unedited file that contains only my comments and responses to questions.]

07
Mar 2017
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TAM Keynote

The keynote address I gave this morning more or less follows these speaking notes:

TAM Keynote.  An audio recording is available here:  TAM Recording.

24
Feb 2017
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Ethics Working Group

I recently joined the ACR Ethics Committee.  As part of that committee, I am chairing a working group that we anticipate will include representatives from ACR, the ABA, AAA, and other groups involved in mediation.  The goal of the working group will be to review and possibly revise the Model Rules for Mediators adopted by ACR, ABA, and AAA in 2005.

21
Feb 2017
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TAM Conference

On Friday, February 24, I will give the keynote address:  “Technology and Mediation:  Evolution, not Revolution.”  I will also work with Jeff Aresty to conduct a workshop on “Access to Justice in the Digital Age.”

13
Feb 2017
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IJODR

The latest edition of the International Journal of Online Dispute Resolution has been published – I served as the editor-in-chief for this volume.  The next edition of the journal should be published concurrent with the June, 2017, International Forum on Online Dispute Resolution.  Here is my editor’s introduction to the current volume:

This edition of the Journal has three points of focus, all relevant to the continuing development of Online Dispute Resolution, and the integration of technology into all aspects of conflict engagement. 

First, the ODR Forum in China prompted commentary from two experienced ADR and ODR scholars and practitioners. Carrie Menkel-Meadow and Colin Rule, through a point–counterpoint exchange, explore the fundamental question of whether Online Dispute Resolution is Alternative Dispute Resolution. Menkel-Meadow has been referred to as one of the ‘mothers’ of Alternative Dispute Resolution, and Colin Rule was certainly ‘there at creation’ for Online Dispute Resolution, so it is hard to imagine two worthier advocates to debate where the continually blurring line between ODR and ADR now lies.

The second point of focus is the ongoing discussion of the state of ethics and standards of practice related to the use of technology for conflict engagement.  Leah Wing, Co-Director of the National Center for Technology and Dispute Resolution, has contributed an essay addressing ‘Ethical Principles for ODR’. Her essay approaches the subject of ethics and standards with the broadest view, discussing the general ethical principles that, she argues, should guide the development and practice of ODR. Daniel Rainey and his students at Southern Methodist University (SMU) have produced a set of Model Standards for the practice of mediation, annotated to address the impact of using information and communication technology to conduct mediation. Their work is framed by the basic Model Standards approved by the Association for Conflict Resolution, the American Bar Association and the American Arbitration Association. Susan Nauss Exon, Professor of Law and former Dean at La Verne College of Law, joined the SMU group and added annotations and recommendations regarding revision of the Model Standards, and perhaps creation of a new set of Model Standards for fourth parties.

Finally, two articles address the impact of ODR in international environments, one commercial and one more traditionally oriented to ADR. Jie Zheng discusses the role of ODR in commercial disputes in China, while Frank Fowlie, the inaugural Ombudsman for ICANN, recounts his work with the Ombudsman of Balochistan, Pakistan. In both cases, the ability to integrate technology into complex dispute resolution systems in varied cultural contexts demonstrates opportunities for the future of ODR.

17
Jan 2017
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Texas Association of Mediators Conference

The Texas Association of Mediators will hold their annual conference in San Antonio next month.  I am scheduled to deliver the plenary keynote, and Jeff Aresty and I are scheduled to conduct a session on access to justice.  Here are the conference program descriptions of both:

Plenary Keynote:  Mediation and Technology:  Evolution, not Revolution

Since the introduction of the desktop computer, information and communication technology (ICT) has become an integral part of our social existence and our professional existence. Like many fundamental changes, ICT has affected the practice of mediation, and conflict engagement generally, in an evolutionary way. The plenary presentation and discussion will focus on the impact of that evolutionary process and highlight the significant impact the use of ICT has had on the ethics and standards of practice for mediators.  The plenary presentation may also suggest that we, as third parties, should engage in a little creative revolution in the use of ICT.

Access to Justice in the Digital Age

Online Dispute Resolution (ODR) was first developed to handle unique disputes created online during e-commerce transactions that could only be handled by an online dispute resolution system. Today, perhaps the most rapidly developing area of ODR is that related to the justice system and access to justice. The workshop will address the revolutionary work being done in access to justice, and will particularly address the role of non-lawyer third parties as a key element in improving access to justice.

17
Jan 2017
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