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Prioritising Online Dispute ResolutionApril 2007 - Organised in collaboration with the United Nations Economic and Social Commission for Asia and the Pacific among other organisations, the 5th International Forum on Online Dispute Resolution took place on 19th and 20th April 2007 in Liverpool, UK.
The aims of the Online Dispute Resolution (ODR) Forum were to provide an overview of the diverse ODR techniques, the prospects of ODR, as well as exploring and analysing the necessity for developing and promoting it. ODR is becoming a priority for governments who want to promote e-commerce, economic growth and technological development. They see ODR as necessary - not only to resolve disputes that arise, but also to build trust in systems and reduce risk for persons and groups interested in investment and participation in online and cross-border activities.
Keynote speakers at the forum were Sir Brian Neill, Kt, PC, QC, former Lord Justice of Appeal and past President of the Civil Mediation Council and Professor Richard Susskind, IT Advisor to the Lord Chief Justice of England and Wales. Although linked, two distinct themes dominated the 5th ODR forum, these were: the use of ODR in commerce, to avoid and resolve disputes and the second being, the use of ODR in peace activism and reconciliation. The forum dealt with technological factors, legal factors and cultural factors.
In terms of commerce, there were some excellent academic presentations that offered feedback on real experiences and the perceptions of mediators who used ODR and how it effects mediation practice and shapes the relational impact of mediation. To support this, there were software demonstrations of ODR tools developed to assist online settlement of disputes and online mediation environments offering intelligent technology for negotiation and conflict resolution.
Virtual environments were explored and debated and the forum had the opportunity to consider if these could contribute to dispute resolution or themselves become sources of conflict.
There was an excellent review of the law on the enforceability of consumer arbitration clauses and considering whether they would be enforceable in business to consumer e-commerce contracts. Also on developing a European procedure for small claims in the e-commerce era and the implications of ODR for small claims in UK courts.
The commitment and passion of the speakers on peace activism and reconciliation was humbling. Their presentations described how ODR and other information technology is being used today in conflict prevention and resolution, provision of humanitarian assistance, peace building and post conflict reconstruction. It is providing continuity and ownership of the processes and exploiting the untapped potential for dispute resolution professional’s to contribute to peace building.
Commenting, Niall Lawless, UK Trustee for CIArb, said: “This was a truly international event with about 120 registered delegates from Africa, Asia, Europe and North and South America including almost ten from China. Thus it provided a great opportunity to network with professional colleagues and to meet old and new friends interested in this exciting and rapidly developing area of dispute resolution. The two things that struck me most was the academic rigour that ODR is now attracting and the commitment and passion of those using ODR to promote peace, often putting their own lives at risk. Plans are well underway for the 6th and 7th International Forum’s to be held in Hong Kong SAR China in December 2007 and Vancouver Canada in June 2008.”
For further information, please contact: Niall Lawless E nlawless@arbitrari.eu W www.odr.info/liverpool/program.htm
Picture (left to right:) Niall Lawless Trustee CIArb, Xie Changqing, Deputy Secretary General CIETAC, Danny McFadden, Director CEDR and Christopher To, Secretary General HKIAC. |
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