Conflict Resolution

Advanced Problem-Solving Strategies

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If somebody were to ask me (actually somebody did ask me) about the future of conflict resolution, my answer would have to include technology. Technology is already enabling us to do things that would have been unimaginable only, say, 20 years ago. We now carry devices in our pockets that enable access to virtually any available information. I can tap my cellphone to pinpoint my location on an interactive map and find out instantly how long it will take me to get anywhere by any available mode of transportation; I receive updates on appointments or plane schedules without even asking for them; and I can instantly communicate, via Twitter, or Linkedin or Facebook, or any number of other means, with […]

Attending the 13th International Online Dispute Resolution Forum, being held at Stanford Law School, the first time the conference has taken place in the United States, offers a glimpse into the future of conflict resolution. Ethan Katsch, dubbed the “father” of online dispute resolution, started the day by telling us that while it began as an outgrowth of ADR, ODR is developing into a distinct field with its own expectations, assumptions and values. I think this might be true, but I’m skeptical based on the evidence so far. Online tools are still mostly applied to allow us to conduct traditional litigation, arbitration, mediation, or negotiation, in more efficient ways. As a number of speakers told the group, traditional practitioners are […]

Online dispute resolution was developed to create a more efficient system than the courts are capable of providing, especially for relatively small cross-border and internet transactions. Courts are simply too expensive and too cumbersome to resolve these kinds of conflicts. The nature of online communications allows for a more flexible conflict resolution process, one that is not tied to any one jurisdiction’s legal rules and procedures. The vast majority of these online disputes are resolved by informal means, facilitated by the speedy communications allowed by the internet. Is ODR therefore a form of ADR? Not necessarily. Remember that even the traditional, physical courthouse steers most cases toward informal resolution, whether by direct negotiation between the parties, settlement conferences with a […]

I moderated a panel this morning at the SXSW Interactive conference, on online dispute resolution, an appropriate topic for the techies who attend this event. I couldn’t help mentioning to one of my panelists, Colin Rule, that the last time he had appeared remotely at another conference I attended, we encountered a glitch in the Skype connection which made him unable to hear the questions being posed. So I was glad to have Colin at my side and in person this morning. Coincidentally, a couple of days ago at this conference, the exact same problem was suffered by Julian Assange who, being holed up in the Ecuadorean embassy in London, was only able to appear here by remote hookup. The […]

There was talk around the ABA Dispute Resolution Conference this week that the demand for mediation services may be declining. If that’s true, does that mean that mediation is falling out of favor, just as arbitration has somewhat fallen out of favor? Or is it a reflection of the economy and the decline in demand for dispute resolution services in general? Law firms have dramatically shrunk in recent years as clients are less willing to shell out gigantic sums for litigation. If litigation activity is declining, one would expect that fewer parties would use mediation as a stage in the litigation process. I think there is a larger trend going on, one that actually points in the opposite direction. I […]