In practice it is difficult to provide a self-contained definition of ODR, and given the pace of change it may not even be possible to do so. The use of technology usually involves the use of internet-based communications technology at some stage, but ODR does not necessarily involve purely online processes – further, many could be replicated offline using pen and paper, or could be achieved using computers without internet connections.
The range of terms and s used to describe the field augments the confusion often felt by those unfamiliar with the new field of ODR. These terms include:
- internet Dispute Resolution (iDR)
- Electronic Dispute Resolution (eDR)
- electronic ADR (eADR)
- online ADR (oADR)
ODR has emerged as the preferred term in recent years.
It is uncertain whether these processes form a new ''discipline'' of ADR or a ''tool'' to aid existing methods of dispute resolution. The most appropriate view would be to view ODR as an field of dispute resolution.
The most common typology of methods of ODR consists of:
- Automated Negotiation
- Assisted Negotiation
- Online Mediation
- Online Arbitration
Automated Negotiation relates to those methods in which the technology takes over (apects of) a negotiation. Most of the ODR services in this area are so-called 'blind-bidding' services. A blind bidding service is an auction mechanism where some or all information about the
players' bids is hidden. If the bids of both parties come within a predetermined range the technology automatically settles the dispute.
In Assisted Negotiation the technology assists the negotiation process between the parties. The technology has a similar role as the Mediator in a Mediation . The role of the technology may be to provide a certain process and/or to provide the parties with specific (evaluative) advice.
The online equivalents of Mediation and Arbitration are very similar to these offline dispute resolution techniques. Most ODR providers offer services that use two or more of the methods mentioned above.
Online dispute resolution (ODR) in India is in its infancy stage and it is gaining prominence day by day. With the enactment of Information Technology Act, 2000 (IT Act, 2000) in India, e-commerce and e-governance have been given a formal and legal recognition in India. Even the traditional arbitration law of India has been reformulated and now India has Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonised standards of UNCITRAL Model. Even the Code of Civil Procedure, 1908 has been amended and section 89 has been introduced to provide methods of alternative dispute resolution (ADR) in India. Which is a very good thing.
- Tealeaf Technology provides software that captures every online customer's interaction enabling effective online dispute resolution
- ODR.info Site on ODR provided by the University of Massachusetts Amherst's Center for Information Technology & Dispute Resolution
- ODRWorkshop.info International academic workshop series
- [https://www.TheMediationRoom.com provides:- a) information on mediation b) an online platform for use by mediators wishing to offer online mediation c) walk through demonstrations of live real time roleplay online mediations d) a distance training course in online mediation e) a facility for the public to request an online mediation]
- GAMA, provides searchable directories of arbitrators and mediators .
- Online Mediation Solutions - Online Mediation: Your Path to Solutions
- ADR&ODR in India
- SquareTrade Online dispute resolution service for eBay users.
- Cybersettle Inventor of automated negotiation process used by insurance companies, self insured corporations, governmental entities, trial lawyers and consumers.
- Smartsettle automated eNegotiation system using multivariate blind bidding and optimization to quickly produce fair and efficient outcomes.
- Dr Mohamed Wahab - Report of the 4th United Nations Forum on Online Dispute Resolution
- E. Katsh & J. Rifkin, Online Dispute Resolution : Resolving Disputes in Cyberspace (Jossey-Bass, San Francisco 2001).
- T. Schultz, G. Kaufmann-Kohler, D. Langer & V. Bonnet, Online Dispute Resolution: The State of the Art and the Issues (University of Geneva 2001).
- C. Rule, Online Dispute Resolution for Business (Jossey-Bass, San Francisco 2002).
- PDF Case Study Link: WESCO Distribution uses Tealeaf Technology to enable effective online dispute resolution
- D.A. Larson, ''Technology Mediated Dispute Resolution (TMDR): A New Paradigm for ADR'', 21 Ohio St. J. on Disp. Resol. 629, (2006).
- A.R. Lodder et al., Essays on legal and technical aspects of Online Dispute Resolution, Proceedings of the 1st International ODR Workshop (Free University Amsterdam 2003).
- G. Kaufmann-Kohler & T. Schultz, Online Dispute Resolution: Challenges for Contemporary Justice (International Arbitration Law Library Series, Kluwer Law International/Schulthess, The Hague 2004).
- J. Zeleznikow & A.R. Lodder, Proceedings of the 2nd International ODR Workshop (IAAIL Workshop Series, Wolf Legal Publishers, Tilburg 2005)
- N. Femenia, ODR And The Global Management Of Customers' Complaints: How Can ODR Techniques Be Responsive To Different Social And Cultural Environments? Joint Conference of the OECD, HCOPIL, ICC, The Hague, Holland, December 12, 2000, {Link without Title}
- G. Ross, Online Dispute Resolution and Business (Vindobona Journal of International Commercial Law and Arbitration (2004) 8 VJ 2
- G.Ross - 3rd UN Forum on ODR - Internet Newsletter for Lawyers November/December 2004
- Online Dispute Resolution in India
- E-governance in India: An ODR perspective
- J. Hörnle, 'Online Dispute Resolution' Chapter 12 in J Tackaberry, A Marriott (eds) Bernstein's Handbook of Arbitration and Dispute Resolution Practice (4th edition 2004 Sweet & Maxwell London)
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