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Online Dispute Resolution: Resolving Conflicts in Cyberspace



Online Dispute Resolution: Resolving Conflicts in Cyberspace

Ethan Katsh, Janet Rifkin

ISBN: 978-0-787-95676-9 May 2001 Jossey-Bass 240 Pages


An essential tool for dispute resolution professionals as well as for anyone considering using dispute resolution in their lives and work, Online Dispute Resolution explains the many diverse and unique applications of doing conflict resolution online. The expert authors examine the tremendous growth of online dispute resolution-including its use by eBay and other e-commerce companies-and reveal the enormous possibilities to come, along with the many employment opportunities for practitioners in the field. They show how the online environment will affect the role of those who are concerned with dispute resolution just as it has brought changes to those who practice law, sell stocks, or run for office. For those who see the value of technology as a critical building block in the future of dispute resolution, Online Dispute Resolution will be an indispensable resource.

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1. The Impact of Cyberspace on Disputes and Dispute Resolution.

2. A Brief History of ODR.

3. Understanding the ODR Process.

4. Introducing the Fourth Party: The Critical Role of Technology.

5. Facilitating Agreement: ODR and Offline Dispute Resolution.

6. How Mediators Can Facilitate "Screen to Screen" Agreement: A Primer for Conflict Resolution Professionals Entering ODR.

Appendix 1: Online Literature and Resources about ODR.

Appendix 2: ODR Programs and Ventures.

Appendix 3: Reed Publishing v. Select Gourmet Foods (Sample Domain Name Dispute Decision)

Appendix 4: SquareTrade Direct Negotiation Process.

Appendix 5: Online Ombuds Office Dispute Transcript.
"At last! The definitive response for those wondering how consumers will fare in the e-commerce world. Practical solutions for creating the 'clean, well-lighted' global electronic marketplace." (Scott Cooper, manager for technology policy, Hewlett-Packard)

"Online Dispute Resolution by Ethan Katsh and Janet Rifkin, a valuable ODR primer for lawyers, mediators, and business people, will increase in importance with the ongoing rise in global e-commerce, particularly between businesses ('B2B')." (Doug Simpson, legal counsel, Trumbull Services, L.L.C.)

"This is a pioneering and important book that will have a lasting effect not only on the field of dispute resolution, but on the whole spectrum of e-commerce-related legal and policy issues. The authors labeling of technology as 'the fourth party' breaks new ground and will shape all further discussions of this topic." (Steve Abernethy, president and CEO, SquareTrade)

"...A practical and clear introduction to the field, offering history, introductory, analysis and explanation, alongside numerous helpful case studies, mainly from the US." (The London Times, 8/01)

"...this book is a winner...because of the unexpected detail, which is priceless..." (Supply Management, 18 October, 2001)

"This is definitely the book to buy if your are interested in Online Dispute Resolution." (The Texas Mediator, 1/02)