115 and Counting: The State of ODR 2004
Melissa Conley Tyler
Program Manager, International Conflict Resolution Centre, University of
Melbourne
Abstract
This paper will present a survey of the current state of online dispute resolution
(ODR) through an analysis of 115 ODR sites and services launched to date
around the world. ODR refers to dispute resolution processes such as
mediation, arbitration or adjudication assisted by information technology,
particularly the internet. ODR can be used for both online and offline disputes.
The paper will present statistical information and trend analysis of the ODR
sites identified, including services offered, communication methods used, type
of disputes dealt with and trends in ODR.
Introduction
Most of the literature on online dispute resolution (ODR) to date has dealt in
conjecture. By contrast, this paper takes an empirical approach by outlining
developments in ODR since 1996, offering a portrait of the state of the field.
ODR refers to dispute resolution processes assisted by information technology,
particularly the internet. This can include facilitative processes such as
mediation, advisory processes such as case appraisal and determinative
processes such as arbitration and adjudication. An outline of terminology used
is included in the glossary in Appendix 1.
As of July 2004, at least 115 ODR services had been launched worldwide,
settling more than 1.5 million disputes. ODR services offer examples of using
technology to resolve everything from eBay disputes to commercial litigation;
from family disputes to the Sri Lankan peace process. There are now ODR
services in all regions.
The continuing growth of ODR, particularly in Europe and Asia and in courts
and other institutions suggests that ODR will impact on dispute resolution
practice and should be of interest to all conflict resolution practitioners.
Methodology
This paper updates research conducted for the Department of Justice Victoria in
2003 that identified 76 ODR sites and services worldwide (Conley Tyler and
Bretherton 2003 summarised in Conley Tyler 2003). This original research was
prepared using the following methodology:

Comprehensive literature review of 128 books, articles, reports and other
resources on ODR, including review of previous site surveys (Center for
Law, Commerce & Technology 2000, Schultz et al 2001, Consumers
International 2001, International Chamber of Commerce 2001)


Analysis of 76 ODR sites identified through internet indices and search
engines, academic indices, informational sites and literature review
Liaison with ODR researchers and the expert community.
These results were then updated in May-June 2004 through the following:






Search of www.odr.info (list of ODR providers, ODR blog to June 2004)
Review of ODR Library (Conley Tyler 2004)
Review of Proceedings of Second Annual Forum on Online Dispute
Resolution (Katsh and Choi 2003)
Review of Cyberweek 2004 conference discussions at www.odr.info and
Network Lawyers group http://groups.yahoo.com/group/Network-Lawyers
Google Search for “ODR” and “online dispute resolution” (first 100
entries)
Contact with UN Expert Working Group on Online Dispute Resolution,
Site Committee organising the Third Annual Forum on Online Dispute
Resolution and confirmed speakers at the Third Annual Forum.1
ODR services identified and assessed in this paper are listed in Appendix 3.
State of the Art of ODR
Growth and Availability
ODR has been available since 1996. Its development can be defined as
passing through three broad stages:



a "hobbyist" phase where individual enthusiasts started work on ODR, often
without formal backing
an "experimental" phase where foundations and international bodies funded
academics and non-profit organisations to run pilot programs
an "entrepreneurial" phase where a number of for-profit organisations
launched private ODR sites (adapted from Katsh and Rifkin 2001:47-72).
The hobbyist phase lasted until around 1996 when the first four ODR services
were launched. The experimental phase was around 1997-1998 and the
entrepreneurial phase was marked by the many sites launched in 1999-2000.
Since 2001, ODR has been entering a fourth "institutional" phase where it is
piloted and adopted by a range of official bodies including courts and other
dispute resolution providers.
1
Thanks are due to the following who provided information used in compiling this
report: Steve Abernethy, Colm Brannigan, Ned Courtney, Ben Davis, Richard Garnett,
Sanjana Hattotuwa, Dr Li Hu, Arno Lodder, Martin Odams de Zylva, Claro Parlade,
Pratamesh Popat, Graham Ross, Rosyzhou, Colin Rule, Rinaldo Sali, Dr Andrew
Stranieri, Justice Brian Tamberlin, Berend de Vries, Mohamed Wahab, Elisabeth
Wentworth and Russell Yardley. Trenel 2003 was instructive on German sites. Thanks
also to Matthew Corrigan for research assistance and to Jan Jeworutzki and Sherman
Chan for translation.
Year of Launch
30
20
10
0
1996 1997 1998 1999 2000 2001 2002 2003 2004
4
4
3
21
22
14
17
20
10
Given the essentially experimental nature of this field, ODR services have
proved surprisingly durable with the majority of services launched still operating.
Of the 115 sites identified, 82 appear to be operational, 30 are no longer
providing services and three are unknown. However it should be noted that
many of the sites that are nominally offering ODR do not appear to be highly
active. Services that are no longer operating are marked in italic type in
Appendix 3.
ODR sites and services have continued to be launched with 30 new sites or
services established in 2003-2004. ODR sites not included in Conley Tyler 2003
are listed in Appendix 5.
Active and Inactive Sites by Year of Launch
30
20
Unknown
Inactive
10
Active
0
1996 1997 1998 1999 2000 2001 2002 2003 2004
Location
Most of the early activity in ODR took place in North America. However both
Europe and Asia have now started to develop significant ODR initiatives.
These three regions account for almost all ODR activity, however there are two
South American, one African and one multi-region ODR service.
Geographic Distribution
16
4
North
America
57
Europe
Asia Pacific
38
Other
The early-launched Cibertribunal (Peru) shows it is possible to offer ODR in a
less developed context while the newer ChinaODR, TrustEnforce (South Africa)
and Disputeresolution.ph (Philippines) are optimistic about extending ODR into
these areas. See Appendix 4 for a list of ODR services by region and Wahab
2004 for a discussion of information and communications technology
development factors and their impact on the development of ODR.
Types of ODR Offered
ODR has adapted standard dispute resolution processes for use online,
including complaint handling, arbitration, mediation, facilitated negotiation and
case appraisal. Each traditional ADR mechanism has an analogy online: for
example iCourthouse offers mock trials using panels of volunteer jurors. A
description of ADR processes is included in the glossary in Appendix 1.
In addition, a number of online-specific techniques have been developed to take
advantage of the new technology; these include automated negotiation (without
human intervention) and negotiation support (see Kersten 2004 and Bellucci;
Zeleznikow 2004). Mediation support such as online document sharing is
beginning to be offered. Collaborative peace-building tools are also starting to
be developed online (Balvin 2004).
Mediation and arbitration have been the most prevalent forms of ODR. The
breakdown of types of ODR among the 115 sites is as follows:
60
50
40
30
Mediation
Arbitration
Complaints Handling
Automated Negotiation
Case Appraisal
Adjudication
20
Negotiation Support
10
Mediation Support
Information Exchange
0
The communication tools used in ODR have changed as online technology has
developed. Early ODR sites tended to rely mainly on email meaning that
communication was delayed, text based and insecure. By contrast, the most
common technology for services launched since 2001 is a secure web site
encrypted by Secure Socket Layers (SSL) technology where parties are given a
password to access a web site area dedicated to their dispute. See Appendix 1
for a description of online communication methods and their characteristics.
Sites can either allow asynchronous communication through threaded
discussion (bulletin boards) or real time chat facilities. Instant messaging is
being used by some sites, as is "secure email" via an encryption program.
Caucusing (the ability for one party to meet among themselves or with the
neutral without the other party) is a basic feature in newer systems. Some sites
offer facilities such as case tracking and document editing.
A number of providers integrate ODR methods with traditional tools such as
phone, fax, teleconference and face-to-face meetings. Videoconferencing is
offered by a number of sites. Broadcast-quality videoconferencing is expensive,
however lower quality videoconferencing is becoming more affordable and may
be the next phase in technological development (NADRAC 2002).
Type of Disputes
The range of disputes resolved by ODR has been broad: from family law to
internet domain name disputes; from consumer transactions to peace
negotiations.
ODR has been used to resolve both “online disputes” arising through or
because of online activity and “offline disputes” such as family, neighbourhood
and employment disputes arising in the “real world”.
It is becoming more common for providers to offer services for both online or
offline disputes. This includes some providers who launched exclusively dealing
with online disputes. There have been cases where offline disputants have
demanded that online methods be extended to them even when the provider
had intended only to deal with online disputes (Rule 2002:222).
Type of Cases Dealt with by Sites
39
42
Online Disputes
Offline Disputes
All Disputes
34
The areas of dispute handled fall into the following broad categories:
1.
2.
3.
4.
5.
Consumer disputes
Internet disputes, especially domain names
Commercial, family, workplace and neighbourhood disputes
Complex litigation
Peace and conflict
Examples of services dealing with each area are given below.
e-Commerce and other Consumer Disputes
Given that the need to resolve online disputes was one of the key drivers for the
development of ODR, it is not surprising that many sites were established
mainly to resolve disputes arising through or because of online communication.
Consumer ODR tends to be provided as a service for consumers in a particular
“marketplace” or those residing in a particular geographic area.
The largest provider in this area is Square Trade, a private U.S. company that
offers facilitated negotiation and mediation of mainly online disputes, including
for the eBay, Google, Yahoo! and other online marketplaces. Square Trade now
offers ODR for Californian Association of Realtors disputes.
Other examples of consumer ODR include:





ECODIR, the European Union’s prototype online consumer dispute
resolution site
Online Confidence, an initiative of Eurochambres, the membership
organisation of 1300 European chambers of commerce
NotGoodEnough.org, an Australian “gripes” site where disgruntled
consumers can post complaints to be forwarded to the company involved
FSM, a German site that handles complaints about internet sites
eCOGRA, a British site that provides ODR for users of online gaming.
Internet Disputes
ODR has also been adopted as a method for resolving disputes relating to
internet addresses (“domain names”).
There have been five service providers approved under the Uniform Domain
Name Dispute Resolution Policy (UDRP) adopted by the Internet Corporation
for Assigned Names and Number (ICANN) in 1999. These deal with disputes
over the ownership and use of “.com”, “.org” and other high level domains:





Asian Domain Name Dispute Resolution Centre
CPR Institute for Dispute Resolution
eResolution (no longer operating)
National Arbitration Forum
World Intellectual Property Organisation.
ODR is also offered for some national domain name disputes, such as:



Nominet (“.uk” domains)
CIETAC Domain Name Dispute Resolution Centre (“.cn” domains)
American Arbitration Association (“.us” domains)
Commercial, Family, Workplace and Neighbourhood Disputes
At the other end of the spectrum, ODR has been adopted for quintessentially
“real world” disputes such as commercial, family, workplace and neighbourhood
disputes. ODR is now being used in situations where face-to-face dispute
resolution might have been possible but, for some reason, ODR is preferred.
Some providers offer ODR as a stand-alone facility. For example, U.K.
company The Claim Room offers a series of “rooms” where dispute resolution
practitioners can conduct mediations and other dispute resolution procedures.
These can be “hired out” by practitioners in the same way as physical rooms.
Others integrate online communication into existing dispute resolution services.
For example Family Mediation Canada provides web-broadcast
teleconferencing and joint document collaboration facilities as a service to its
members mediating family disputes (Brannigan 2004).
ODR is also being offered as a pro-active service, such as the International
Chamber of Commerce’s “Paction” which enables parties to prepare, negotiate
and complete contacts for the international sale and purchase of goods online.
Some of the ODR services that assist in “real world” disputes focus on providing
analytical rather than communication tools. For example Canadian company
SmartSettle helps people prepare for negotiation by analysing their preferences
and the potential options on the negotiation table while the Department of
Justice Victoria’s disputeinfo service uses Acumentum’s Scenario Builder to
guide disputants through the options for dealing with their dispute.
Complex Litigation
ODR is also being adopted by courts and tribunals seeking to improve access
to justice and streamline the litigation process.
The Federal Court of Australia’s eCourt initiative enables electronic filing and
document management and offers a “virtual courtroom”, including
videoconferencing, particularly for Native Title hearings in remote areas
(Tamberlin 2004).
An unusual example is Justica Sobre Rodas, a mobile court in Brazil that uses
an artificial intelligence program to analyse witness statements and assessors’
reports to enable a Judge to hand down a decision at the scene of a vehicle
accident.
Courts and tribunals in Singapore (e@dr), the United Kingdom
(MoneyClaimOnline) and Ireland (Irish Commercial Court) have similarly
adopted ODR for some of their processes. A U.S. experiment, the Michigan
Cybercourt, remains under development.
LegalGrid Online has launched its Court21 product to assist courts and tribunals
to incorporate ODR into their operations.
Peace and Conflict
Finally, online tools are being used to assist in peacebuilding and conflict
resolution.
For example Info-Share brings the parties in the Sri Lankan peace process
together electronically in a situation where it would be impossible for them to
meet face-to-face. Its aim is to promote conflict transformation by knowledgesharing, information and communications flow and offering shared spaces for
stakeholder dialogue (Hattotuwa 2004).
The Cultures of Peace News Network (CPNN) works preventively to promote a
culture of peace through a global network of sites created by UNESCO to
enable people to exchange information on media and events (Balvin 2004).
What is striking about these results is the rapid growth of ODR and the variety
of contexts and locations in which it is being adopted.
Case Statistics
There is very wide variability in the number of cases dealt with by ODR sites:
from only one case to more than 1.5 million disputes.
Statistics on cases attracted were available for 31 of the sites surveyed (27%).
Lack of information for the other sites makes it difficult to make comprehensive
judgements (Consumers International 2001). While some sites that do not
include this information may have attracted fewer cases (Schultz et al 2001),
there are also other factors such as client confidentiality requirements that may
prevent some providers from reporting on their results.
The sites that have handled the most disputes appear to be the following:









Square Trade: over 1.5 million cases handled
Cybersettle: over 90,000 disputes handled
iCourthouse: 11,094 cases filed
World Intellectual Property Organisation: over 6,000 decisions administered
National Arbitration Forum: 4,259 decisions listed
TRUSTe: thousands of complaints
clickNsettle, iLevel, SettleOnline and WebTrader: over 2,000 cases each
Nominet: 1,614 cases resolved.
FSM: over 1,179 complaints
Some of the online complaints handling services have had a large volume of
complaints filed. BBBOnline had 1.3m complaints filed (but not handled) online
in 2000 while NotGoodEnough.org had 3,000 complaints filed in its first day.
A further seven services have settled over 100 cases and another 10 have
settled under 100 disputes. The least successful sites are The Virtual
Magistrate and intelliCourt recording one case each. Some services, such as
Internet Neutral, appear never to have handled a case.
The key to viability of an ODR service appears to be the quality of its referral
sources. For example the majority of Square Trade’s cases have come directly
from its link to the eBay site, the “place” where the disputes occurred. A number
of incentives are built into the eBay system to encourage parties to resolve their
disputes, including a buyer and seller ratings system and web seal program.
Cybersettle has been the preferred provider for the Association of Trial Lawyers
of America and the Canadian Bar Association.
There is less data on the settlement rates achieved by ODR services with only
18 sites including these statistics (including seven domain name arbitration
services that publish case results on their sites). Other international surveys of
ODR sites have been unable to gather significant data on this issue
(Consumers International 2001; International Chamber of Commerce 2001).
The following settlement rates have been reported:



Word&Bond: 100% settlement rate
WebAssured: over 95% success in complaints against member firms
Square Trade: 85% of cases settled through facilitated negotiation, as well
as further cases settled through mediation and case appraisal








IRIS Médiation: 53 of 61 mediations (87%) settled in its pilot year
Resolution Forum: 75% of cases successfully resolved
SmartSettle: 80% settlement rate for real cases
Bankers Repository Corporation: 60% settlement rate (5% annual variation)
Nominet: 50% settled
clickNsettle: 50% settled
Online Ombuds Office: 50% settled
USSettle.com: 40-50% success rate
This is broadly comparable to settlement rates for alternative dispute resolution
generally which range from 50% to over 85% (NADRAC).
User satisfaction is rarely tracked; however one site that collects this
information has positive data. 80% of Square Trade users say they would use
the service again.
Funding
ODR sites have grown from a number of environments, including government
and international bodies, academia, consumer organisations, business
organisations and entrepreneurial start-up companies. They have been
motivated by both business opportunities and a sense of social need.
ODR sites make use of a number of funding mechanisms including:






grant funding (such as the Online Ombuds Office)
government funding (such as Singapore’s Dispute Manager service)
user fees for one or both parties (such as Word&Bond)
membership fees (such as Nova Forum)
advertising revenue (such as Complain.com.au)
subsidy from other services.
User fees have been the predominant funding mechanism for ODR. User fees
can take a number of forms including:






a filing fee
an hourly rate for mediators', arbitrators' and evaluators' time
an administration fee or online "room" rental
a standard service fee, usually for a set number of hours
a percentage of settlement reached
a per round bidding fee (automated negotiation only).
A number of services have offered ODR for no cost, usually on a pilot basis
while they were supported through philanthropic or University funding. These
services have tended to cease once the initial funding was exhausted.
Government ODR services have offered at least a pilot phase with reduced or
no user fees (eg ECODIR) or, where services are associated with a court, have
applied the same filing fees as for a standard court process (eg e@dr).
A number of sites which provide both online and offline services have chosen to
have the same fee structure for both.
Overall, experience suggests that early claims about cost savings should not be
overstated for ODR as a whole. While some techniques such as automated
negotiation and facilitated negotiation can be delivered at a very low cost,
others such as mediation remain time intensive for the neutral involved. ODR is
not inevitably a low cost option but may offer cost savings in many cases.
Access
There are three issues that may limit use of ODR services:



access to a computer with minimum hardware and software support
accessibility of sites to people with disabilities and slow connection speeds
language of services offered.
Access to Hardware and Software
Most of the sites surveyed assume that disputants have access to basic
computing infrastructure. However some providers who use videoconferencing
make this equipment available to parties (for example JAMS and clickNsettle).
The U.S. government Federal Mediation and Conciliation Service is an
interesting example of incorporating access to equipment into its service: FMCS
brings laptops and other mobile technology to the workplace to help conciliate
labour/management disputes (Rule 2002:179-181). Skilled facilitators are also
provided to help parties make use of the equipment.
Accessibility for People with Disabilities
Accessibility for those with computer equipment may be a more important issue
and is something that can be completely managed by ODR system design.
NADRAC 2002 suggests that ODR systems should use appropriate and
accessible bandwidth, low requirements for computer capacity and should
comply with guidelines for disability standards (NADRAC 2002).
Most early ODR sites meet these criteria; however many more recent sites
employ programming that does not appear to comply with disability standards.
For example, Flash is increasingly used to enable moving elements; however a
number of sites do give the option of a non-Flash version.
Languages Offered
Language and culture can both be bars to use of ODR. Primerano 2004
discusses the impact of language on usability while Rao 2004 discusses the
implications of differences of culture in the virtual world.
The breadth of languages used to provide ODR services is improving,
admittedly from a low base. In Conley Tyler 2003, 61 of the 76 sites identified
(80%) offered their services in only one language, 53 in English only (70%).
English remains the most common languages for ODR services, followed by
Spanish, French and German. ODR services are offered in 20 languages,
including Greek, Russian, Sinhala, Tamil, Irish, Norwegian and Icelandic.
Languages Used
in ODR Services
6
2 7
222
32
7
8
93
14
14
15
English
Spanish
French
German
Italian
Chinese
Dutch
Portuguese
Swedish
Danish
Finnish
Korean
Japanese
Other
A single language service is still the most common model (74%).However there
are an increasing number of bilingual (15%) or multilingual services (11%).
Number of Languages Services Offered In
13
17
One only
Two
Three or more
85
Some consumer ODR sites offer services across a number of states in each
official language, such as the consumer association consortium WebTrader or
Eurochambres’ Online Confidence service. Among the most interesting of these
are econsumer.gov (where consumers can lodge a complaint online which is
accessible to government law enforcement in 13 countries) and CCForm (where
a consumer submits a complaint in his or her own language which is
automatically translated into the language of the company involved).
Other services such as Scenario Builder offer a dispute resolution tool that can
be populated with content in any language desired.
Privacy and security
Privacy and security are issues in an online environment as they are for
traditional dispute resolution services. Bonnet et al 2002 suggest that ODR
systems must be able to meet the following minimum security standards:





identifies the author of each message
shows evidence that documents have been completely sent
ensures the integrity of submitted information
protects information stored on a database from unauthorised parties
distinguishes an original from a copy.
ODR technology is definitely coming closer to this point (Bonnet et al 2002,
Hornle 2003). However no communication method can provide for absolute
security. Security is always a question of risk management.
Much of the early resistance to ODR probably came from the fact that email is
not secure. The conventional wisdom is that unencrypted email is about as
secure as a postcard (Schultz et al 2001). While encryption options such as
S/MIME and Pretty Good Privacy exist, these are not in general use. One
estimate is that only 0.5% of email is encrypted in any way (Rule 2002:246).
However, probably because of this, email is not the main communication
method used by modern ODR systems. Most systems instead allow parties to
communicate on a secure web page or platform. The most common mechanism
is Secure Sockets Layer (SSL): this is indicated by a website beginning with
"https" or lock symbol on the user's screen. Some systems use encrypted email.
Like any other sites, ODR sites are also at risk of virus infections, intrusions or
disk crashes. Firewalls, backup policies and intrusion detection systems are the
standard mechanisms used to reduce these risks (Schultz et al 2001). Modern
ODR sites appear to make use of these mechanisms.
In line with increasing privacy regulation worldwide, most ODR sites have
explicit policies on privacy that tell users what use can be made of their
personal information. Some sites delete all information on a case from their
database once settlement has been reached (Bankers Repository Corporation)
while others can store it in case of the disputant losing data (Intersettle).
Policies and procedures
Most ODR sites have formal policies and procedures, including dispute
management protocols, privacy and confidentiality policies, standards of
conduct and codes of practice.
Almost all sites explicitly state a set of procedures for handling disputes. These
can be as formal as an arbitration procedures manual or as simple as a flow
chart. However, none of the ODR systems publicised a dispute handling
mechanism if procedures were not followed (Consumers International 2001).
A number of the sites surveyed explicitly bind their online mediators, arbitrators
and evaluators to a set of rules for conduct such as:






rules of the American Bar Association (ABA)
American Arbitration Association (AAA) Code of Ethics
ethical standards of the Association for Conflict Resolution (formerly the
Society for Professionals in Dispute Resolution)
Model Standards of Conduct for Mediators
the Institute for Responsible Dispute Resolution Code of Ethics
in house standards of conduct.
The American Bar Association established a task force to look at ways of
ensuring that ODR services remain effective and ethical (Rule 2002:116). The
Online Sector of the Association for Conflict Management prepared Proposed
Guidelines for Online Dispute Resolution (Wiener 2001:4). In Australia,
NADRAC 2002 provides draft practitioner standards for ODR and the
Department of Justice Victoria has commissioned a study into accreditation of
ODR practitioners (Conley Tyler, Bornstein and Bretherton 2004).
Future of ODR
As these case statistics show, ODR tools are being used by an increasing
number of people to resolve their disputes.
ODR can be a convenient, quick, low-cost option. For some disputes, such as
low-value, cross-border internet transactions, there is no other option to resolve
them: parties are not likely to fly around the world for an online auction that went
wrong. In other cases, the choice can be because of costs, time or inclination.
Sometimes people in dispute simply prefer not to meet. Technology can be
particularly useful where parties would be in physical danger if they came
together, such as in hostile conflict situations.
A needs assessment of a broad cross-section of citizens conducted in Victoria,
Australia in 2003 using surveys and focus groups found that more than 70% of
respondents were willing to try ODR to settle a dispute (Conley Tyler,
Bretherton and Bastian 2003). The main factors influencing this choice were
cost, speed and convenience.
However there were a group that were resistant to online technology. This
would be predicted by an analysis of factors such as age, culture, disability and
income identified by Sourdin 2004 as factors impacting on the use of
technology. This suggests that ODR is a valuable additional service, but should
not completely replace existing dispute resolution methods.
A study in Canada (Hammond 2003) found that disputants who experienced
ODR had positive responses: 80% of disputants who were exposed to ODR
found that they had no trouble expressing their ideas, concerns and issues
online and they were confident that the other participants understood them.
82% said they had no difficulty expressing their emotions online.
This suggest that a major bar to the growth of ODR may be disputants’ lack of
knowledge of the availability of various forms of dispute resolution rather than
any lack of demand or previous negative experiences. Ross 2004 suggests this
may be a major factor accounting for business reluctance to adopt ODR.
At the same time, sophisticated analyses of the behaviour of disputants
highlight the role of corporate cultural barriers in considering dispute resolution
alternatives (Opie 2004) and suggest reasons why demand for ADR does not
necessarily translate into use of services (Barendrecht and de Vries 2004).
Accreditation of ODR practitioners arguably has a role in building trust and
confidence (Conley Tyler and Bornstein 2004). Further analysis of why parties
choose to use or not use ODR is an area that deserves further research.
Conclusion
With 115 sites worldwide, ODR is no longer conjecture. In fact, ODR has the
potential to become a major part of dispute resolution practice worldwide.
Comparing the results in this paper with Conley Tyler 2003 a number of trends
in ODR can be identified:
1. Growth in Europe and Asia
2. Growth in developing countries
3. Growth in institutional contexts, especially in Courts and other justice
institutions
4. Growth within some service providers as they extend their services to
new markets
5. Growth of ODR in languages other than English
If these trends continue, particularly the adoption of ODR by traditional dispute
resolution institutions such as courts, ODR will become an important part of
dispute resolution practice. Government and justice institutions have a
particularly important role in encouraging the adoption of technology through
their adoption of technology and its associated demonstration effect.
The increasing integration of online technology into dispute resolution practice
suggests that in time ODR may no longer be seen as a separate field of
endeavour: it will be seen as dispute resolution using particular tools.
In the meantime, ODR will remain relevant to those involved in dispute
resolution, law, e-commerce, industry, information technology and government.
Appendix 1
Glossary of Terms
ODR is the term used in this paper for dispute resolution processes conducted
with the assistance of communications and information technology, particularly
the internet. Similar terms are “online ADR”, "eADR", "iADR", "virtual ADR",
"cyber mediation" and "cyber arbitration." Simply providing information about
ADR on a website is not ODR.
ADR refers to processes other than judicial determination in which an impartial
person assists those in a dispute to resolve the issues between them (NADRAC
1997). Processes can be determinative, advisory or facilitative.
The main determinative process is Arbitration: a process in which the parties
to a dispute present arguments and evidence to a neutral third party who makes
a determination (NADRAC 1997). The arbitration judgment is binding on parties.
Advisory ADR processes include expert appraisal, case appraisal, case
presentation, mock trial and neutral evaluation. In each process, an ADR
practitioner considers and appraises the dispute and provides advice as to the
facts, law and possible outcomes. Case Appraisal in this paper refers to all of
these processes.
Facilitative processes include Conciliation, Mediation and Facilitated
Negotiation: in each case the parties to a dispute, with the assistance of a
neutral third party, identify the issues in dispute, develop options, consider
alternatives and endeavour to reach an agreement (NADRAC 1997).
Complaint Handling is a facilitative process where a party can make a
complaint to a third party who will communicate a demand for redress to the
respondent, usually for consumer disputes. It may or may not include the power
to make a non-binding decision.
Online is a colloquial term that refers to communication through an electronic
medium, especially the internet. The Internet is a global network of computers
that exchanges data and communication messages. Online communication
includes:






Email - a virtually instantaneous transfer of mainly text messages
Instant Messaging - a variant on email that allows synchronous online chat
Online Chat - a synchronous, text-based exchange of information
Threaded Discussion (also known as bulletin boards) - an asynchronous,
textual exchange of information organised into specific topics
Video/Audio Streams - asynchronous transfer of recorded messages
Videoconferencing - synchronous transfer of video information.
Online Disputes are any disputes that arise through or because of online
communication methods. For example, a dispute between a consumer and a
website that sells products online, or between a buyer and a seller over an
internet auction. Offline Disputes are any disputes that arise in the "real world"
outside of cyberspace. These include family disputes, neighbourhood disputes
and employment disputes.
Appendix 2
References
Balvin, Nikola (2004). “The Cultures of Peace News Network : Is there Room for
Peace Building in ODR?” in Conley Tyler, Melissa, Katsh, Ethan and Choi,
Daewon (Eds.), Proceedings of the Third Annual Forum on Online Dispute
Resolution. International Conflict Resolution Centre, University of Melbourne in
collaboration with the United Nations Economic and Social Commission for Asia
and the Pacific. www.odr.info
Barendrecht, Maurits and de Vries, Berend (2004). “Fitting the Forum to the
Fuss with Sticky Defaults: Failure on the Market for Dispute Resolution
Services?” in Conley Tyler, Melissa, Katsh, Ethan and Choi, Daewon (Eds.),
Proceedings of the Third Annual Forum on Online Dispute Resolution.
International Conflict Resolution Centre in collaboration with the United Nations
Economic and Social Commission for Asia and the Pacific. www.odr.info
Bellucci, Emilia and Zeleznikow, John (2004). “Trade-off Manipulations in the
Development of Negotiation Decision Support Systems” in Conley Tyler,
Melissa, Katsh, Ethan and Choi, Daewon (Eds.), Proceedings of the Third
Annual Forum on Online Dispute Resolution. International Conflict Resolution
Centre, University of Melbourne in collaboration with the United Nations
Economic and Social Commission for Asia and the Pacific. www.odr.info
Bonnet, V., Boudaoud, K., Gagnebin, M, Harms, J. and Schultz, T. (2002).
Online Dispute Resolution Systems as Web Services. Proceedings of HewlettPackard OpenView University Association Workshop, June 11-12 2002.
Available www.online-adr.org/publications.htm
Brannigan, Colm (2004). “Beyond E-Commerce: Expanding the Potential of
Online Dispute Resolution”, Interaction, March 2004, 15-17.
Center for Law, Commerce & Technology (2000). Online Alternative Dispute
Resolution: An Issues Primer. Prepared for the National Association of
Attorneys General. Center for Law, Commerce & Technology at the University
of Washington School of Law. Available at
http://www.law.washington.edu/lct/resources/index.html
Conley Tyler, Melissa, “Seventy-six and Counting: An Analysis of ODR Sites”
(2003) in Katsh, Ethan and Choi, Daewon (Eds), Online Dispute Resolution:
Technology as the “Fourth Party”. Proceedings of the UNECE Second Forum
on Online Dispute Resolution. UNECE. Center for Information Technology and
Dispute Resolution, University of Massachusetts. Available www.odr.info
Conley Tyler, Melissa (Ed.) (2004), ODR Library/Resource Database,
www.odr.info, launched 24 February 2004
Conley Tyler, Melissa and Bornstein, Jackie (2004). “Accreditation of Online
Dispute Resolution Practitioners” in Conley Tyler, Melissa, Katsh, Ethan and
Choi, Daewon (Eds.), Proceedings of the Third Annual Forum on Online
Dispute Resolution. International Conflict Resolution Centre in collaboration with
the United Nations Economic and Social Commission for Asia and the Pacific.
www.odr.info
Conley Tyler, Melissa, Bornstein, Jackie and Bretherton, Di (2004),
Accreditation of Online ADR Practitioners: An Options Paper. Prepared for the
Department of Justice, Victoria. International Conflict Resolution Centre.
Conley Tyler, Melissa and Bretherton, Di, Research into Online Alternative
Dispute Resolution: Exploration Report (2003). Prepared for the Department of
Justice, Victoria. International Conflict Resolution Centre, University of
Melbourne. Available www.justice.vic.gov.au, www.psych.unimelb.edu.au/icrc
Conley Tyler, Melissa, Bretherton, Di and Bastian, Brock (2003). Research into
Online Alternative Dispute Resolution: Needs Assessment. Prepared for the
Department of Justice Victoria. International Conflict Resolution Centre,.
Available www.justice.vic.gov.au, www.psych.unimelb.edu.au/icrc
Consumers International (2001). Disputes in Cyberspace 2001: Update of
online dispute resolution for consumers in cross-border disputes. Consumers
International Office for Developed and Transition Economies.
www.consumersinternational.org
Hammond, Anne-Marie (2003). "How Do You Write 'Yes'? A Study on the
Effectiveness of Online Dispute Resolution." Conflict Resolution Quarterly,
Volume 20, No. 3, September 2003
Hattotuwa, Sanjana Yajitha (2004). “Untying the Gordian Knot: ICT for Conflict
Transformation and Peacebuilding “ in Conley Tyler, Melissa, Katsh, Ethan and
Choi, Daewon (Eds.), Proceedings of the Third Annual Forum on Online
Dispute Resolution. International Conflict Resolution Centre, University of
Melbourne in collaboration with the United Nations Economic and Social
Commission for Asia and the Pacific. www.odr.info
Hornle, Julia (2003). “Online Dispute Resolution – More Than The Emperor's
New Clothes” in Katsh, Ethan and Choi, Daewon (Eds), Online Dispute
Resolution: Technology as the “Fourth Party”. Proceedings of the UNECE
Second Forum on Online Dispute Resolution. Available www.odr.info
International Chamber of Commerce (2002). Business-to-Consumer and
Consumer-to-Consumer Alternative Dispute Resolution (ADR) Inventory
Project. Summary Report. 14 May 2002. Available www.iccwbo.org.
Katsh, Ethan and Rifkin, Janet (2001). Online Dispute Resolution: Resolving
Conflicts in Cyberspace. Jossey-Bass.
Katsh, Ethan and Choi, Daewon (Eds) (2003). Online Dispute Resolution:
Technology as the “Fourth Party”. Proceedings of the UNECE Second Forum
on Online Dispute Resolution. Center for Information Technology and Dispute
Resolution, University of Massachusetts. Available www.odr.info
Kersten, Gregory E. (2004). “E-negotiation Systems : Interaction of People and
Technologies to Resolve Conflicts” in Conley Tyler, Melissa, Katsh, Ethan and
Choi, Daewon (Eds.), Proceedings of the Third Annual Forum on Online
Dispute Resolution. International Conflict Resolution Centre, University of
Melbourne in collaboration with the United Nations Economic and Social
Commission for Asia and the Pacific. www.odr.info
NADRAC (unknown). Summary of Research into ADR Effectiveness (internal
document) cited in Mack, Kathy (2003), Court Referral to ADR: Criteria and
Research. Australian Institute of Judicial Administration and National Alternative
Dispute Resolution Advisory Council
NADRAC (1997). Alternative Dispute Resolution Definitions. National
Alternative Dispute Resolution Advisory Council. Available www.nadrac.gov.au.
NADRAC (2001). Online ADR: Background Paper. January 2001. National
Alternative Dispute Resolution Advisory Council. Available www.nadrac.gov.au.
NADRAC (2002). Dispute Resolution and Information Technology: Principles for
Good Practice (Draft). National Alternative Dispute Resolution Advisory Council.
March 2002. Available www.nadrac.gov.au.
Opie, Elisabeth (2004). “The Economics of ADR: is ODR the Next Efficiency?”
in Conley Tyler, Melissa, Katsh, Ethan and Choi, Daewon (Eds.), Proceedings
of the Third Annual Forum on Online Dispute Resolution. International Conflict
Resolution Centre in collaboration with the United Nations Economic and Social
Commission for Asia and the Pacific. www.odr.info
Primerano, Francesca (2004). “Multicultural Australia, Information Technology
and Online Dispute Resolution” in Conley Tyler, Melissa, Katsh, Ethan and
Choi, Daewon (Eds.), Proceedings of the Third Annual Forum on Online
Dispute Resolution. International Conflict Resolution Centre, University of
Melbourne in collaboration with the United Nations Economic and Social
Commission for Asia and the Pacific. www.odr.info
Rao, Sharanya (2004). “The Cultural Vacuum in Online Dispute Resolution” in
Conley Tyler, Melissa, Katsh, Ethan and Choi, Daewon (Eds.), Proceedings of
the Third Annual Forum on Online Dispute Resolution. International Conflict
Resolution Centre in collaboration with the United Nations Economic and Social
Commission for Asia and the Pacific. www.odr.info
Ross, Graham (2004). “Online Dispute Resolution and Business” in Conley
Tyler, Melissa, Katsh, Ethan and Choi, Daewon (Eds.), Proceedings of the Third
Annual Forum on Online Dispute Resolution. International Conflict Resolution
Centre, University of Melbourne in collaboration with the United Nations
Economic and Social Commission for Asia and the Pacific. www.odr.info
Rule, Colin (2002). Online Dispute Resolution for Business: For ECommerce,
B2B, Consumer, Employment, Insurance, and Other Commercial Conflicts.
Jossey-Bass.
Schultz, Thomas, Kaufmann-Kohler, Gabrielle, Langer, Dirk and Bonnet,
Vincent (2001). Online Dispute Resolution: The State of the Art and the Issues.
December 2001. Available www.online-adr.org/publications.htm
Sourdin, Tania (2004). “ODR – An Australian Perspective on the Digital Divide”
in Conley Tyler, Melissa, Katsh, Ethan and Choi, Daewon (Eds.), Proceedings
of the Third Annual Forum on Online Dispute Resolution. International Conflict
Resolution Centre in collaboration with the United Nations Economic and Social
Commission for Asia and the Pacific. www.odr.info
Tamberlin, Justice Brian (2004). “Online Dispute Resolution and the Courts” in
Conley Tyler, Melissa, Katsh, Ethan and Choi, Daewon (Eds.), Proceedings of
the Third Annual Forum on Online Dispute Resolution. International Conflict
Resolution Centre, University of Melbourne in collaboration with the United
Nations Economic and Social Commission for Asia and the Pacific.
www.odr.info
Trenel, Matthias (2003). Links Online-Mediation. Available http://www.wzberlin.de/online-mediation/buch/links.htm
Wahab, Mohamed (2004). “Online Dispute Resolution and Digital Inclusion:
Challenging the Global Digital Divide” in Conley Tyler, Melissa, Katsh, Ethan
and Choi, Daewon (Eds.), Proceedings of the Third Annual Forum on Online
Dispute Resolution. International Conflict Resolution Centre in collaboration with
the United Nations Economic and Social Commission for Asia and the Pacific.
www.odr.info
Wiener, Alan (2001). Regulations and Standards for Online Dispute Resolution:
A Primer for Policymakers and Stakeholders. ODR News, February 15, 2001.
All electronic resources listed are current as of 4 August 2004.
Appendix 3
ODR Services Assessed
Sites that are no longer active as of 4 July 2004 are indicated in italic type:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
1-2-3 Settle
46.
ADRonline
47.
AllSettle
American Arbitration Association
48.
Ameritrade
49.
Arbitraje y Mediación (ARyME)
Arbitronline
50.
Asian Domain Name Dispute
Resolution Centre
51.
52.
Bankers Repository Corporation
Better Business Bureau Online
53.
Camera Arbitrale di Milano
54.
55.
CCForm
Chartered Institute of Arbitrators
56.
ChinaODR
57.
CIETAC Domain Name Dispute
Resolution Centre
58.
59.
Cibertribunal Peruano
ClaimChoice
60.
Claim Resolver
61.
clickNsettle
62.
Complain.com.au
63.
Concilia On-line
64.
Conciliazione On-Line
65.
Consenseo
66.
Consumers Association of Iceland
67.
CPR Institute for Dispute Resolution 68.
69.
Cultures of Peace News Network
Cybercourt
70.
Cyberlaws.net
Cybersettle
71.
CyberTribunal
72.
Dispute Manager
73.
Disputeresolution.ph
74.
e@dr
75.
e-ADR
76.
77.
ECODIR
eCOGRA
78.
e-consens
79.
econsumer.gov
80.
emediation.nl
81.
e-Mediator
82.
eNeutral
83.
eResolution
84.
e-Settle.co.uk
85.
European Advertising Standards Alliance
86.
Family Mediation Canada
87.
Federal Court of Australia eCourt
Federal Mediation and Conciliation
Service
FSM
Global Arbitration Mediation
Association
Hong Kong International Arbitration
Centre
iCourthouse
iLevel
Info-Share
InfoTech Dispute Resolution Center
IntelliCOURT
International Chamber of Commerce
Paction
InternetNeutral
Internet Ombudsmann
Internet Ombudsmannen
Intersettle
IRIS Médiation
Irish Commercial Court
IRS Electronic Account Resolution
JAMS
Justica Sobre Rodas
LegalGrid Online
Mediate.com
Mediate-net
Mediation America
Mediation Arbitration Resolution
Services
Mediationline
Michigan Cybercourt
Money Claim Online
NASD
National Arbitration Forum
National Mediation
New Court City
Nominet
NotGoodEnough.org
Nova Forum
Ombudsmann.de
Online Confidence
Online Ombuds Office
Online Public Disputes
Online Resolution
PayPal
Private Judge
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
Resolution Canada
Resolution Forum
Resolve It Now
Retail Tenancy Unit NSW
Scenario Builder
SettlementNOW
Settlement Online
SettleOnline
SettleSmart
SettleTheCase
SmartSettle
Sopra Mediation
Square Trade
SwiftCourt
The Claim Room
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
The Hearing Room
The Virtual Magistrate
Thuiswinkel.org
TRUSTe
TrustEnforce
USSettle.com
WebAssured
WEBdispute
WebMediate
Web Trader
WeCanSettle
Word&Bond
World Intellectual Property
Organisation
The following sites reported to offer ODR were no longer operating in June 2004 and
there was insufficient description of their services to enable them to be included:







BeachFire
eCaveat.com
ecomplaints.com
EZResolve from LaborMate
labormate.com
MyClaim.com
OnlineDisputes, Inc.






Online Mediators
Rent-a-Court.com
Self-settle.com
Settlex
Ugetheard.com
Web Dispute Resolutions
No ODR services were located at the following sites:








A Commercial Initiative for Dispute
Resolution
Baddealings.com (no conciliation)
Centre for Dispute Resolution
Comptel (no dispute resolution service)
Cybercourt.de (information only)
disputeinfo (information and guidance)
GMWK (information, including video)
MediationNow (listings only)







Netherlands Arbitration Institute
Netkey (software system)
ODR.nl (research project)
Trust UK (provides information on other
schemes)
Trusted Shops (guarantee only)
Virtual Mediator at Key Law
Zeno (software system)
The following prototype/research systems do not offer services to the public:



DISCUSS (Daniel Paez, University of Melbourne)
Family_Winner (Bellucci and Zeleznikow 2004)
Negoisst (Electronic Negotiation Group)
The following initiatives were planned for launch in 2004:



www.odrmalaysia.com (contact chittu@pc.jaring.my)
DeMars Associates/Better Business Bureau/eBay joint program (contact
Colin Rule crule@ebay.com)
eRulemaking facility (contact Claro Parlade cparlade@yahoo.com)
Appendix 4
ODR Services Assessed By Region
Asia and the Pacific (16)
ADRonline
www.adronline.com.au
Asian Domain Name Dispute Resolution Centre www.adndrc.org
ChinaODR
www.odr.com.cn
CIETAC Domain Name Dispute Resolution Centre www.cietac.org.cn
Complain.com.au
www.complain.com.au
Dispute Manager
www.disputemanager.com
Disputeresolution.ph
www.disputeresolution.ph
e@dr
www.e-adr.org.sg
Federal Court of Australia eCourt
www.fedcourt.gov.au
Hong Kong International Arbitration Centre
www.hkiac.org
Info-Share
www.info-share.org
NotGoodEnough.org
www.notgoodenough.org
Retail Tenancy Unit NSW
www.retailtenancy.nsw.gov.au
Scenario Builder
www.acumentum.com
SwiftCourt
www.swiftcourt.org
The Hearing Room
www.auscript.com.au
Europe (38)
Arbitraje y Mediación (ARyME)
Arbitronline
Camera Arbitrale di Milano
CCForm
Chartered Institute of Arbitrators
Concilia On-line
Conciliazione On-Line
Consenseo
Consumers Association of Iceland
Cybercourt
e-ADR
ECODIR
eCOGRA
e-consens
emediation.nl
e-Mediator
e-Settle.co.uk
European Advertising Standards Alliance
FSM
International Chamber of Commerce Paction
Internet Ombudsman
Internet Ombudsman
Intersettle
IRIS Médiation
Irish Commercial Court
LegalGrid Online
Mediationline
Money Claim Online
www.aryme.com
www.arbitronline.it
www.camera-arbitrale.com
www.complaintsplatform.com
www.arbitrators.org
www.fi.camcom.it
conciliazione.an.camcom.it
www.consenseo.com
www.ns.is
www.cybercourt.org
www.sgoa.org
www.ecodir.org
www.ecogra.com
www.e-consens.de
www.emediation.nl
www.consensusmediation.co.uk
www.e-settle.co.uk
www.easa-alliance.org
www.fsm.de
www.iccwbo.org
www.internetombudsmann.at
www.internetombudsmannen.se
www.intersettle.co.uk
www.iris.sgdg.org/mediation
www.courts.ie
www.courtroom21.net
www.mediationline.de
www.courtservice.gov.uk/mcol
21
Nominet
Ombudsmann.de
Online Confidence
Sopra Mediation
The Claim Room
Thuiswinkel.org
Web Trader
WeCanSettle
Word&Bond
World Intellectual Property Organisation (WIPO)
www.nominet.org.uk
www.ombudsmann.de
www.onlineconfidence.org
www.sopra-mediation.de
www.theclaimroom.com
www.thuiswinkel.org
whichwebtrader.which.net
www.wecansettle.com
www.wordandbond.com
www.wipo.int
North America (57)
1-2-3 Settle
AllSettle
American Arbitration Association Web File
Ameritrade
Bankers Repository Corporation
Better Business Bureau Online
ClaimChoice
Claim Resolver
clickNsettle
CPR Institute for Dispute Resolution
Cyberlaws.net
Cybersettle
CyberTribunal
econsumer.gov
eNeutral
eResolution
Family Mediation Canada
Federal Mediation and Conciliation Service
Global Arbitration Mediation Association
iCourthouse
iLevel
InfoTech Dispute Resolution Center
IntelliCOURT
InternetNeutral
IRS Electronic Account Resolution
JAMS
Mediate.com
Mediate-net
Mediation America
Mediation Arbitration Resolution Services
Michigan Cybercourt
NASD
National Arbitration Forum
National Mediation
New Court City
Nova Forum
Online Ombuds Office
Online Public Disputes
Online Resolution
PayPal
www.123Settle.com
www.allsettle.com
www.adr.org
www.ameritrade.com
www.thebrc.com
www.bbbonline.org
www.claimchoice.com
www.claimresolver.com
www.clicknsettle.com
www.cpradr.org
www.cyberarbitration.com
www.cybersettle.com
www.cybertribunal.org
www.econsumer.gov
www.eneutral.com
www.eresolution.ca
www.fmc.ca
www.fmcs.gov
www.gama.com
www.i-courthouse.com
www.ilevel.com
www.infotechdispute.com
www.intellicourt.com
www.internetneutral.com
www.irs.gov
www.jamsadr.com
www.mediate.com
www.mediate-net.org
www.mediationamerica.com
www.resolvemydispute.com
www.michigancybercourt.net
www.nasdadr.com
www.arbitration-forum.com
www.nationalmediation.com
www.newcourtcity.com
www.novaforum.com
www.ombuds.org
www.publicdisputes.org
www.onlineresolution.com
www.paypal.com
22
Private Judge
Resolution Canada
Resolution Forum
Resolve It Now
SettlementNOW
Settlement Online
SettleOnline
SettleSmart
SettleTheCase
SmartSettle
Square Trade
The Virtual Magistrate
TRUSTe
USSettle.com
WebAssured
WEBdispute
WebMediate
www.privatejudge.com
www.resolutioncanada.ca
www.resolutionforum.org
www.resolveitnow.com
www.settlementnow.com
www.settlementonline.com
www.settleonline.com
www.settlesmart.com
www.settlethecase.com
www.smartsettle.com
www.squaretrade.com
www.vmag.org
www.truste.org
www.ussettle.com
www.webassured.com
www.webdispute.com
www.webmediate.com
South America (2)
Cibertribunal Peruano
Justica Sobre Rodas
www.cibertribunalperuano.org
www.tj.es.gov.br
Africa (1)
TrustEnforce
www.trustenforce.org
Global (1)
Cultures of Peace News Network
www.cpnn.org
23
Appendix 5
New ODR Sites
The following sites assessed in this paper were not included in Conley Tyler 2003
and Conley Tyler and Bretherton 2003:
1. Ameritrade
2. Arbitronline
3. CCForm
4. ChinaODR
5. CIETAC
6. Concilia On-line
7. Conciliazione On-Line
8. Consenseo
9. Cultures of Peace News Network
10. Disputeresolution.ph
11. e-ADR
12. eCOGRA
13. e-consens
14. econsumer.gov
15. emediation.nl
16. Family Mediation Canada
17. Federal Court of Australia eCourt
18. Federal Mediation and Conciliation Service
19. Hong Kong International Arbitration Centre
20. Info-Share
21. InfoTech Dispute Resolution Center
22. International Chamber of Commerce Paction
23. Irish Commercial Court
24. IRS Electronic Account Resolution
25. Justica Sobre Rodas
26. LegalGrid Online
27. Mediate.com
28. Mediationline
29. Money Claim Online
30. NASD
31. National Mediation
32. Nominet
33. Ombudsmann.de
34. PayPal
35. Scenario Builder
36. Sopra Mediation
37. SwiftCourt
38. Thuiswinkel.org
39. TrustEnforce
www.ameritrade.com
www.arbitronline.it
www.complaintsplatform.com
www.odr.com.cn
www.cietac.org.cn
www.fi.camcom.it
conciliazione.an.camcom.it
www.consenseo.com
www.cpnn.org
Not yet available
www.sgoa.org
www.ecogra.com
www.e-consens.de
www.econsumer.gov
www.emediation.nl
www.fmc.ca
www.fedcourt.gov.au
www.fmcs.gov
www.hkiac.org
www.info-share.org
www.infotechdispute.com
www.iccwbo.org
www.courts.ie
www.irs.gov
www.tj.es.gov.br
www.courtroom21.net
www.mediate.com
www.mediationline.de
www.courtservice.gov.uk/mcol
www.nasdadr.com
www.nationalmediation.com
www.nominet.org.uk
www.ombudsmann.de
www.paypal.com
www.acumentum.com
www.sopra-mediation.de
No longer operating
www.thuiswinkel.org
www.trustenforce.org
24
Appendix 6
Analysis of Online Dispute Resolution Services
Alphabetical
Name of Provider
1-2-3 Settle
Other names
Location
123 Settle
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
No
Private attorneys
ADR Services
Automated Negotiation, Facilitated Negotiation, Mediation, Arbitration
Communication Method
Email, web page, fax, telephone
Privacy/Security Measures
Any Technical Notes
Email is "confidential"
Type of Disputes Dealt With
Languages
Financial disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Automated Negotiation: US$200 total No statistics provided
Mediation (3 days): US$600 total
Arbitration/Appraisal: US$600 total
Greater fees depending on
complexity
Comments
It is no longer possible to use the system for dispute resolution without prior
contact. However the 123Settle program is available for purchase or license.
Name of Provider
Other names
Location
ADRonline
Settlement Online
Systems, Mediate
Online, Adjudicate
Online
Australia
Year Established
Still Operating
Owners/Funders
2002
No
Lawyers Margot McKay and Bernadette
Murray
ADR Services
Automated Negotiation, Mediation and Arbitration
Communication Method
Online filing, secure email, telephone support, online conferencing,
teleconferencing, videoconferencing, secure chat room, instant messaging,
fax, face-to-face meetings
Privacy/Security Measures
Any Technical Notes
Encrypted email; secure web page
Type of Disputes Dealt With
Languages
Financial disputes, especially
insurance claims and e-commerce
disputes
English
Fee Structure
Volume of Cases/Settlement Rates
No information provided. Licensing No information provided
arrangements may be considered but
the site is not currently available to
the public.
25
Comments
The site involves much scrolling to navigate. There is no evidence of any
activity since launch. No fees are listed and no information on cases handled
is included.
It appears that the automated negotiation system Settlement Online Systems
is no longer being offered - however links to this page have not been updated.
The program also offers an ADRonline trustmark symbol for online
merchants. There is no information available on the take up rate for this
service.
The service was publicised to the ADR community to encourage mediators to
join a panel but it may not have been well marketed to more generally. There
were no agreed referral sources prior to launch although discussions with the
Law Society of NSW appear to have taken place.
Name of Provider
Other names
Location
AllSettle
SettlementNOW
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
No
Private
ADR Services
Automated Negotiation
Communication Method
Web page
Privacy/Security Measures
Any Technical Notes
Web site is secure
Type of Disputes Dealt With
Languages
Insurance claims
English
Fee Structure
Volume of Cases/Settlement Rates
US$200 from insurance company on As of October 2001, between 100 and
settlement
1000 cases had been filed.
Comments
The web site states that AllSettle is not providing services at this time.
AllSettle appears to have taken over SettlementNOW between 2000 and
2001
Name of Provider
Other names
American Arbitration Association AAA Online Services
WebFile
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2001
Yes
American Arbitration Association
ADR Services
Arbitration (online filing, electronic voting, neutrals eCentre, online training)
Communication Method
Online filing, email, web page, message board
Privacy/Security Measures
Any Technical Notes
128-bit SSL encryption; VeriSign
secure site
Type of Disputes Dealt With
Languages
Domain name disputes, other
disputes. Offers conciliation and
arbitration of dispute claims in NoFault Insurance in New York.
Consumer disputes cannot be filed
online
English
26
Fee Structure
Volume of Cases/Settlement Rates
Filing fee as per fee calculator. There No information provided
may be additional fees.
Comments
The service offers online filing, payment and case management (including
transfering documents, selecting neutrals, accessing rules and procedures
and checking the status of a case). Arbitration is not offered online. AAA has
34 offices nationwide. Neutrals must abide by the Associations' code of
ethics. The Association will provide dispute resolution services for .US domain
disputes under the United States Dispute Resolution Procedure (usDRP)
launched 2002.
Name of Provider
Other names
Location
Ameritrade
Answerbox,
@nswerbox
U.S.A,
Canada
Year Established
Still Operating
Owners/Funders
Approx 2003
Unknown
Private online sharebroker,
Ameritrade
ADR Services
Complaints handling
Communication Method
Web page
Privacy/Security Measures
Any Technical Notes
Secure site with extensive privacy
and security policies on site.
Privacy Monitor logo displayed.
Type of Disputes Dealt With
Languages
Online trading disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Unknown
No information provided
Comments
Answerbox is accessible to clients through Trade Accountant feature. Site
available to non-clients does not include any information on dispute
resolution procedures: it thus appears that Ameritrade does not promote
this highly as an investor service. There may be a change in services
following merger with competitor.
Name of Provider
Other names
Arbitraje y Mediación (ARyME)
Location
Spain
Year Established
Still Operating
Owners/Funders
2002
No
Private venture
ADR Services
Arbitration, Mediation
Communication Method
Online filing, web page, caucus rooms
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Business disputes
Spanish, English
Fee Structure
Volume of Cases/Settlement Rates
Standard fees plus additional fee for Unknown
online room
27
Comments
ARyME is still active as a provider of information, analysis and documentation
of national and international ADR. However it is no longer providing online
case administration (previously offered in conjunction with U.S. provider
Online Resolution).
Name of Provider
Other names
Arbitronline
Year Established
Approx 2003
Location
Italy
Still Operating
Yes
Owners/Funders
Consorzio Poliedra (a training centre
of the Milan Polytechnic), Studio
Legale Abbatescianni e Associati and
Atlantidee Srl
ADR Services
Arbitration
Communication Method
Online filing, document exchange, case management
Privacy/Security Measures
Any Technical Notes
Password protected site
Type of Disputes Dealt With
Languages
.it domain names
Italian. Site also in English.
Fee Structure
Volume of Cases/Settlement Rates
From €880 for one name/one
panelist to €3,470 for three names
and panelists. Additional €210-460
per name.
List of decisions provided on site.
Comments
Rules of procedure are provided on the site.
Name of Provider
Other names
Asian Domain Name Dispute
Resolution Centre (ADNDRC)
Location
China, Hong
Kong
Year Established
Still Operating
Owners/Funders
2001
Yes
China International Economic and Trade
Arbitration Commission (CIETAC) and
the Hong Kong International Arbitration
Centre (HKIAC)
ADR Services
Arbitration
Communication Method
Online filing (also fax and post)
Privacy/Security Measures
Any Technical Notes
Decisions published on site
Type of Disputes Dealt With
Languages
Domain name disputes
Language of the registration agreement.
Site in Chinese and English.
Fee Structure
Volume of Cases/Settlement Rates
Between US$1,000 for a oneUnknown
member panel for a single domain
name to US$7,000 for a threemember panel for 10 domain names
or more
28
Comments
One of the five approved dispute resolution service providers for domain
name disputes under the Uniform Domain Name Dispute Resolution Policy
(UDRP) adopted by the Internet Corporation for Assigned Names and
Number (ICANN) in 1999. Two offices: one in Beijing and one in Hong Kong.
Name of Provider
Other names
Location
Bankers Repository Corporation
BRC
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
Yes
Bankers Repository Corporation
ADR Services
Case Appraisal
Communication Method
Online filing, email, fax, mail
Privacy/Security Measures
Any Technical Notes
Password protection on web site.
Privacy and confidentiality policies.
All information deleted following
settlement of dispute.
Uses Macromedia Flash
Type of Disputes Dealt With
Languages
Commercial disputes
English
Fee Structure
Volume of Cases/Settlement Rates
US$150 per party <US$50,000 up to No information available on number of
US$850 per party <US$450,000
cases. Report approximately 60%
paid on settlement only
settlement rate.
Comments
Appraisal is undertaken by a three person committee and recommendation is
delivered within 3-8 working days. Parties can monitor progress through
online activity report. Well presented intuitive site with excellent learning
support.
Name of Provider
Other names
Location
Better Business Bureau Online
BBB Online
U.S.A., Canada
Year Established
Still Operating
Owners/Funders
1999
Yes
Membership organisation
ADR Services
Complaint Handling
Communication Method
Online filing only. Dispute resolution is handled by nearest available BBB
office via face-to-face ADR techniques such as conciliation, mediation and
arbitration.
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Consumer disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Business membership fees
2000: 1,371,000 complaints filed online
Comments
Although BBB was planning to offer automated negotiation and online
mediation and arbitration (Consumers International 2001, Schultz et al 2001)
this has not yet eventuated. BBB Online offers reliability and privacy seals for
businesses.
29
Name of Provider
Other names
Location
Camera Arbitrale di Milano
Risolvi Online
Italy
Year Established
Still Operating
Owners/Funders
Approx 2002
Yes
Chamber of National and International
Arbitration of Milan, Chamber of
Commerce of Milan
ADR Services
Mediation
Communication Method
Online filing, web page, email, chat
Privacy/Security Measures
Any Technical Notes
Secure web site. Privacy policy
Type of Disputes Dealt With
Languages
All commercial disputes, especially
arising out of the Internet
environment
Italian
Fee Structure
Volume of Cases/Settlement Rates
Proportional to the value of the
16 cases settled, 2 not settled and 2
dispute: €25 per party for disputes up underway. 43 requests for online
to €500 up to €3000 for disputes over mediation refused by defendant.
€250,000
Comments
The site is well designed and easy to navigate. It is possible to lodge an
inquiry as well as lodge a claim.
The Chamber of National and International Arbitration of Milan has developed
the "Risolvi Online" system used on the site as proprietary software. The
www.risolvionline.com address also leads to this site.
Name of Provider
Other names
Location
CCForm
Consumer Complaint
Form
Belgium
Year Established
Still Operating
Owners/Funders
2003
Yes
Federation of European Direct
Marketing (FEDMA) plus partners
from the U.K., Belgium, France and
Luxembourg
ADR Services
Facilitated negotiation via multilingual complaint form
Communication Method
Web page. Document attachments can be attached to the form
Privacy/Security Measures
Any Technical Notes
Privacy policy on site. Committee of
surveillance monitors operation of
site
Type of Disputes Dealt With
Languages
Consumer complaints
German, Greek, English, Spanish,
French, Italian, Dutch, Portuguese,
Finnish, Swedish, Danish
Fee Structure
Volume of Cases/Settlement Rates
Free
No information provided
30
Comments
Consumers can address their complaints to any company. If the company is
already registered, the complaint is directly transmitted. If not, the company
is contacted. If facilitated negotiation is not successful, the case proceeds to
traditional ADR (information on ADR is provided on the site). A
demonstration is available on site.
A rare example of an ODR site that offers services in a range of languages.
The consumer fills in the form in his or her own language and it is
automatically translated into the company’s language.
Name of Provider
Other names
Chartered Institute of Arbitrators
Location
U.K.
Year Established
Still Operating
Owners/Funders
2000
Yes
Not-for-profit charity
ADR Services
Complaint Handling
Communication Method
Online filing, case monitoring
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Consumer and commercial disputes English
Fee Structure
Volume of Cases/Settlement Rates
No additional fee for online filing
No information provided
Comments
Acts as an online filing portal for a number of schemes including:
 Association of British Travel Agents (ABTA) Independent Arbitration
Scheme for the Travel Industry
 Construction Adjudication Scheme
 Communications and Internet Services Adjudication Scheme
Once filed, disputes are then handled through traditional ADR processes. In
2003 an Independent Dispute Resolution Service for Purchasers from Ford
Journey was also offered but no information was available in 2004. In the
future, the site will also be a portal for EEJ-Net, a project of the Joint
Research Centre of the European Commission.
Name of Provider
Other names
Location
ChinaODR
odr.com.cn, Online
Dispute Resolution
Centre of China
China
Year Established
Still Operating
Owners/Funders
June 2004
Yes
Deofar Inc.
ADR Services
Mediation, Arbitration, Negotiation/Conciliation
Communication Method
Email, chatroom, BBS, video conferencing and offline facilities
Privacy/Security Measures
Any Technical Notes
All disclosed and exchanged
information will be stored in “Case
File” webpage, which is secured by
passwords.
Type of Disputes Dealt With
Languages
31
Mainly online disputes, especially e- Chinese and English. Site currently
commerce
available in Chinese only but English
section is planned.
Fee Structure
Volume of Cases/Settlement Rates
Frequent users can become
members of ChinaODR. Services
are free for members if the subject
matter of the case is $500 or lower.
For non-members of ChinaODR,
initial services are free of charge,
but at the later stage the fee is:
(1) $50 per case or
(2) 5% of the subject matter.
The time limit for settlement is 2
hours. Any further time is charged
at an hourly rate of $50 per hour
Currently being launched
Comments
The site provides full Negotiation Rules and Mediation Rules and a list of
mediators. Other services include online notarization and online lawyer
witness services. Deofar was also responsible for the chinaeclaw.com
initiative, China’s first expert electronic commerce law website established
in July 2000.
Name of Provider
Other names
Cibertribunal Peruano
Location
Peru
Year Established
Still Operating
Owners/Funders
1999
Yes
Non-profit organisation
ADR Services
Mediation, Arbitration
Communication Method
Email, Chat, Videoconferencing, IP Telephone
Privacy/Security Measures
Any Technical Notes
Encryption
Type of Disputes Dealt With
Languages
Disputes relating to the internet (ecommerce, intellectual property,
consumer protection and privacy)
Spanish, English
Fee Structure
Volume of Cases/Settlement Rates
From USD100 for disputes
<USD1,000 to USD1,300 for
>USD50,000
No information provided
Comments
A welcome example of a site from outside the developed world. A code of
conduct for mediators and arbitrators is included on the site. A schedule of
fees has now been added.
Name of Provider
Other names
Location
CIETAC Domain Name Dispute
Resolution Centre
CIETAC
China
Year Established
Still Operating
Owners/Funders
2000
Yes
China International Economic and
Trade Arbitration Commission
(CIETAC)
32
ADR Services
Arbitration
Communication Method
Electronic filing and document transfer, email, post, fax
Privacy/Security Measures
Any Technical Notes
No information provided
Type of Disputes Dealt With
Languages
Disputes relating to .cn domain
names and keywords managed by
the China Internet Network
Information Center
Chinese. Site also in English.
Fee Structure
Volume of Cases/Settlement Rates
From RMB3,000 for one panelist for
one domain name to RMB13,000
for three panelists for >10 names
144 .cn domain names and 14
keyword disputes. Case statistics
available on site.
Comments
CIETAC deals with .cn domain name disputes in addition to its involvement
in the Asian Domain Name Dispute Resolution Centre joint initiative with the
Hong Kong International Arbitration Centre.
Name of Provider
Other names
ClaimChoice
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
No
eLegius Inc.
ADR Services
Facilitated Negotiation, Complaint Handling
Communication Method
Case filing, web page
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Insurance disputes
English
Fee Structure
Volume of Cases/Settlement Rates
5% of settlement, if reached, to a
maximum of US$500
No information provided
Comments
Web site no longer available.
Name of Provider
Other names
Location
Claim Resolver
Claim Negotiator
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2001
No
Ernst & Young
ADR Services
Automated Negotiation, Mediation
Communication Method
Blind bidding, web page, videoconferencing
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Insurance disputes over US$1000 in English
dispute
Fee Structure
Volume of Cases/Settlement Rates
33
US$35 filing fee plus US$250
No information provided
settlement fee for <US$10,000 or
US$350 settlement fee for > $10,000
Comments
Web site no longer available.
Name of Provider
Other names
clickNsettle
National Arbitration and U.S.A.
Mediation
Location
Year Established
Still Operating
Owners/Funders
1999
Yes
Subsidiary of National Arbitration and
Mediation, a national provider of ADR
services and software
ADR Services
Automated Negotiation, Mediation, Arbitration
Communication Method
Interactive web site, videoconferencing
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
All disputes, mainly financial
English
Fee Structure
Volume of Cases/Settlement Rates
US$15 submission fee. US$10,
By August 2001, the site had handled
US$15 then US$20 per offer/demand 2000 cases of which 50% were
US$100 settlement fee each if
successfully settled. About 50% of all
<US$10,000. US$200 settlement fee parties offered the online option choose
each if >US$10,000
to resolve their dispute via computer. Of
those cases, about 45% settled online.
Comments
Automated negotiation is no longer offered. However, the site offers mediation
and arbitration remotely as well as face-to-face. Videoconferencing is offered
through installation of equipment at client offices.
Name of Provider
Other names
Complain.com.au
Location
Australia
Year Established
Still Operating
Owners/Funders
2003
No
Consumetrix International Pty Ltd
ADR Services
Complaint Handling
Communication Method
Online filing, web page
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Consumer disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Free for consumers
None to date
Comments
The site planned to provide a searchable database of company contact points
for submitting complaints and then allow consumers to file an online complaint
which would then be conciliated. The site advertised prior to launch in 2003
but was no longer operating in 2004.
34
Name of Provider
Other names
Location
Concilia On-line
Florence Chamber of
Commerce
Italy
Year Established
Still Operating
Owners/Funders
2004
Yes
Camera di Commercio di Firenze
ADR Services
Mediation
Communication Method
Webpage, chatroom
Privacy/Security Measures
Any Technical Notes
Password-secured area. Privacy
assured.
Type of Disputes Dealt With
Languages
Business/business and
business/consumer disputes
Italian. Site also has some
information in English, French and
German.
Fee Structure
Volume of Cases/Settlement Rates
No information provided
No information provided
Comments
The Chamber of Commerce also provides face-to-face mediation
(conciliazione) and arbitration. It guarantees conclusion of cases within 45
days. Parties email to initiate a case.
Name of Provider
Other names
Conciliazione On-Line
Location
Italy
Year Established
Still Operating
Owners/Funders
Approx 2003
Yes
Ancona Chamber of Commerce
ADR Services
Mediation
Communication Method
Webpage, chatroom, audiconference, videoconference
Privacy/Security Measures
Any Technical Notes
Secure web page. Absolute privacy
guaranteed
Type of Disputes Dealt With
Languages
All types of economic/commercial
disputes, including business to
business, business consumer and
internet service provider disputes
Italian
Fee Structure
Volume of Cases/Settlement Rates
Schedule of fees provided on site.
Fees are proportional to the initial
demand and can be paid by credit
card online
No information provided
Comments
The Chamber offers traditional mediation (conciliazione) as well as online.
Rules of mediation are provided on the site.
Name of Provider
Consenseo
Other names
Location
e-mediation.de
Germany
Year Established
Still Operating
Owners/Funders
Approx 2003
Yes
Consenseo mediation process
consultants
35
ADR Services
Mediation
Communication Method
Mediation software incorporating “modern communication material”
Privacy/Security Measures
Any Technical Notes
No information provided
Type of Disputes Dealt With
Languages
Business disputes
German
Fee Structure
Volume of Cases/Settlement Rates
Not provided
Not provided
Comments
Very attractive site with Flash introduction. Also provides face-to-face
business mediation and process design. www.e-mediation.de also accesses
this site.
Name of Provider
Other names
Consumers Association of Iceland
Location
Iceland
Year Established
Still Operating
Owners/Funders
Approx 2002
Yes
Independent membership organisation
ADR Services
Complaint Handling, Facilitated Negotiation
Communication Method
Online filing, web page
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Consumer disputes
Icelandic
Fee Structure
Volume of Cases/Settlement Rates
Consumer membership fees (around Unknown
15,000 individuals from a national
population of 28,000)
Comments
This service was identified by the International Chamber of Commerce
2002:4.
Name of Provider
Other names
Location
CPR Institute for Dispute
Resolution
Center for Public
Resources
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
Yes
An alliance of 500 lawyers and
corporate counsel
ADR Services
Arbitration
Communication Method
Online filing, web page, email
Privacy/Security Measures
Any Technical Notes
Decisions published on site
Type of Disputes Dealt With
Languages
Domain name disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Between US$2,000 for a onemember panel for a single domain
36
name to US$6,000 for a threemember panel for 5 domain names
Comments
One of the five approved dispute resolution service providers for domain
name disputes under the Uniform Domain Name Dispute Resolution Policy
(UDRP) adopted by the Internet Corporation for Assigned Names and
Number (ICANN) in 1999. Also provides traditional mediation and arbitration
services with a roster of more than 700 neutrals. The CPR Institute is a
membership organisation of global corporations, leading law firms, legal
academics and selected public institutions.
Name of Provider
Other names
Location
Cultures of Peace News Network
CPNN
Australia,
Russia,
U.S.A.,
Japan and
China
Year Established
Still Operating
Owners/Funders
2001
Yes
UNESCO with the assistance of the
International Conflict Resolution
Centre at the University of Melbourne
ADR Services
Information exchange, collaboration
Communication Method
Webpage, email, chat
Privacy/Security Measures
Any Technical Notes
No information provided
Type of Disputes Dealt With
Languages
Preventive conflict resolution
focused on building a culture of
peace
English, Chinese, Japanese and
Russian
Fee Structure
Volume of Cases/Settlement Rates
Free
Not applicable. Postings on sites vary
over time
Comments
CPNN is a global network of interactive internet sites for information
exchange on events and media productions that promote a culture of
peace. It was launched as part of the 2001-2010 International Decade for a
Culture of Peace and Non-Violence for the Children of the World. CPNN
USA also moderates a Middle East discussion.
Name of Provider
Other names
Cybercourt
Location
Germany
Year Established
Still Operating
Owners/Funders
2000
No
Private Consortium
ADR Services
Mediation, Arbitration
Communication Method
Email, teleconferencing
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
37
Online disputes
German
Fee Structure
Volume of Cases/Settlement Rates
Case by case basis
Unknown
Comments
Was intended to be offered in pilot phase from March- September 2000 by
Securitas Internet Systems AG, e-com GmbH, data business services GmbH
& Co KG and Heuking Kühn Lüer Heussen Wojtek. It is not clear whether this
ever occurred (Schultz et al 2001). The pilot was then transferred to
PriceWaterhouseCoopers. No further action appears to have been taken.
Name of Provider
Other names
Location
Cyberlaws.net
Cyberarbitration
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2002
No
No information provided
ADR Services
Arbitration
Communication Method
Online filing, face-to-face hearing if desired
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Online disputes
English
Fee Structure
Volume of Cases/Settlement Rates
No information provided
No information provided
Comments
Online arbitration appears not to be the main focus of Cyberlaws.net's
consultancy services. Parties must email for further information. The site was
apparently more active in the past offering arbitration for online disputes
(Center for Law, Commerce and Technology 2000) so it is possible that the
original enterprise failed and the www.cyberarbitration.com address was
registered by a new organisation. The current site has a focus on cyberlaw in
India but does not offer ODR.
Name of Provider
Other names
Cybersettle
Location
U.S.A.,
Canada, U.K.
Year Established
Still Operating
Owners/Funders
1998
Yes
Private venture
ADR Services
Automated Negotiation
Communication Method
Online filing, web site, email, fax, phone help line
Privacy/Security Measures
Any Technical Notes
128-bit SSL encryption;
Cybersettle has patent protected its
individualised passwords; replication computerised dispute resolution system
server
in th U.S.A. and 13 other countries
Type of Disputes Dealt With
Languages
Property and casualty insurance, all English
financial
Fee Structure
Volume of Cases/Settlement Rates
Insurance officers pay:
US$25 submission, US$125
engagement fee
Handled over 90,000 disputes and
facilitated over US$600 million in
settlements. The largest case settled
38
US$150 on settlement <US$10,000
US$250 on settlement >US$10,000
Attorneys pay:
US$100 on settlement <US$5,000
US$150 on settlement <US$10,000
US$200 on settlement >US$10,000
online was for $12.5m.
Case volume increased 23% in 2002.
A 2000 Accenture study mentioned on
the site found that Cybersettle reduces
the average time it takes to settle a case
by as much as 4-6 months.
Comments
Cybersettle been sufficiently successful that it now also operates in the U.K. It
promotes itself as the world leader in accelerated dispute resolution.
The secret of Cybersettle's success may be its referral sources: eg it is the
Association of Trial Lawyers of America’s "official and exclusive online
settlement tool." (It appears that Cybersettle is no longer endorsed by the
Canadian Bar Association). Cybersettle promotes itself at legal conferences
and has a marketing director.
Fees have reduced over time, presumably as case volume has grown.
Since June 2002 Cybersettle has had a strategic alliance with Resolute
Systems Inc., a leading international mediation, arbitration and consulting
firm, to provide customers with further settlement options. When parties fail to
settle a claim through the Cybersettle process, RSI provides them with the
option of a neutral telephone facilitator or traditional face-to-face
mediation/arbitration services.
In August 2002, Cybersettle formed a strategic alliance with e-Autoclaims
Inc., a business services company that provides the insurance industry with
claims management services.
Name of Provider
Other names
CyberTribunal
Location
Canada
Year Established
Still Operating
Owners/Funders
1996
No
University of Montreal
ADR Services
Mediation, Arbitration
Communication Method
Unknown
Privacy/Security Measures
Any Technical Notes
Secure site
Type of Disputes Dealt With
Languages
Online disputes
French, English, Spanish
Fee Structure
Volume of Cases/Settlement Rates
Unknown
In three years of operations, over a
hundred disputes were settled.
Comments
A pilot project that ended in December 1999. The main initiator went on to
establish eResolution.org.
Name of Provider
Other names
Dispute Manager
Location
Singapore
Year Established
Still Operating
Owners/Funders
2002
Yes
Developed by the Singapore Academy
of Law (SAL) and its subsidiary
Singapore Mediation Centre (SMC) with
the support of the Ministry of Law,
Singapore
39
ADR Services
Automated Negotiation, Mediation, Case Appraisal
Communication Method
Online filing, web page, chat, online drafting facilities
Privacy/Security Measures
Any Technical Notes
Secure storage of information
Type of Disputes Dealt With
Languages
Financial disputes, domain name
disputes, other disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Mediations with one mediator are
No information provided
charged at S$900 per party per day
for disputes <S$250,000 up to
S$2,400 per party per day for
disputes <S$1m plus a flat S$250
administrative fee.
Evaluation attracts an administrative
fee of S$500-$2,500 plus evaluator's
time at S$200-$1,000 per hour
Automated negotiation: S$10 filing
plus S$10 per party for the first 3
rounds and S$40 for final 2 rounds.
Comments
An easy to navigate site with clear descriptions of the various online ADR
processes, including guidance for selecting appropriate procedures.
Online techniques can be supplemented with face-to-face meetings if desired.
Name of Provider
Other names
Disputeresolution.ph
Location
Philippines
Year Established
Still Operating
Owners/Funders
September 2004
Yes
Developed by the Cyberspace Policy
Center for Asia-Pacific for the
Philippine Dispute Resolution Centre
ADR Services
Automated negotiation (Web-based; SMS-based), online mediation, online
arbitration, neutral evaluation
Communication Method
Web-mail, virtual room, instant messaging, video-conference, fax, SMS
Privacy/Security Measures
Any Technical Notes
Use of site requires prior
registration and bulk of site is
password protected
Type of Disputes Dealt With
Languages
Franchise, e-commerce and
consumer
English
Fee Structure
Volume of Cases/Settlement Rates
Free for one year
Comments
Operations to commence September 2004. Although the Cyberspace
Policy Center for Asia-Pacific will administer the service during the pilot
phase, the institution offering the service to the public will be the Philippine
Dispute Resolution Center, through its newly-created ODR committee.
40
An eRulemaking facility for the Philippine National Telecommunications
Commission is also under development and plans to launch in November
2004.
Name of Provider
Other names
e@dr
Location
Singapore
Year Established
Still Operating
Owners/Funders
2000
Yes
Singapore Subordinate Courts in
partnership with the Ministry of Law, the
Singapore Mediation Centre, Singapore
International Arbitration Centre, the
Trade Development Board and the
Singapore Economic Development
Board
ADR Services
Mediation, Arbitration
Communication Method
Online filing, email (including document exchange)
Privacy/Security Measures
Any Technical Notes
Secure website and database.
Privacy and confidentiality rules.
Type of Disputes Dealt With
Languages
All disputes, especially those arising English
from e-commerce transactions
Fee Structure
Volume of Cases/Settlement Rates
Mediation by a judge-mediator or
No information provided
court mediator is free. If referred to
the Small Claims Tribunal, standard
costs apply at claims S$10 for claims
by consumers below S$5,000 to
S$600 for claims by business up to
S$20,000.
Mediation and arbitration by
Singapore Mediation Centre or
Singapore International Arbitration
Centre is at the same cost as a faceto-face process
Comments
Depending on the size of the matter, the online mediator will be from the
Small Claims Tribunal, a Court Mediator or a Judge-Mediator panel from the
official judical system. Parties can also opt for a mediator or arbitrator from
the Singapore Mediation Centre or Singapore International Arbitration Centre.
Face-to-face services are also provided
Name of Provider
Other names
Location
e-ADR
SGOA
Netherlands
Year Established
Still Operating
Owners/Funders
2004
Yes
Stichting Geschillenplosing
Automatisering (Foundation for
Settlement of Automation Disputes)
ADR Services
Mediation
41
Communication Method
Webpage, email
Privacy/Security Measures
Any Technical Notes
Rules provided on site
Type of Disputes Dealt With
Languages
Disputes <€2,500, mainly
information and communication
technology
Services appear to be provided in
Dutch only. Site provides information
in Dutch, English, French and
German.
Fee Structure
Volume of Cases/Settlement Rates
Parties bear own costs
No information provided
Comments
SGOA also offers face-to-face mediation, arbitration and expert advice to
information and communications technology companies. SGOA handled
over 200 caes worth more than €68m between 1991 and 2001.
e-ADR was launched to provide a low cost system for smaller claims.
Timeliness is a focus with deadlines and a target of reaching settlement
within one month.
Name of Provider
Other names
Location
ECODIR
Electronic Consumer
Dispute Resolution
Ireland
Year Established
Still Operating
Owners/Funders
2001
Yes
European Commission
ADR Services
Facilitated Negotiation, Mediation, Case Appraisal
Communication Method
Online filing, web page, email
Privacy/Security Measures
Any Technical Notes
Secure site
Thawte secure site
Type of Disputes Dealt With
Languages
Online disputes
English, French
Fee Structure
Volume of Cases/Settlement Rates
Free during pilot stage
No information provided
Comments
A pilot project of the European Commission using technology developed by
eResolution.
Name of Provider
Other names
eCOGRA
Location
U.K.
Year Established
Still Operating
Owners/Funders
2004
Yes
E-commerce and Online Gaming
Regulation and Assurance
(eCOGRA)
ADR Services
Complaints handling
Communication Method
Online filing, email
Privacy/Security Measures
Any Technical Notes
No information provided
Type of Disputes Dealt With
Languages
42
Online gaming disputes
English
Fee Structure
Volume of Cases/Settlement Rates
No information provided
No information provided
Comments
eCOGRA is an independent entity that aims to provide consumer protection
to users of online gaming on the internet. It is a membership organisation
for online gaming software makers and suppliers.
eCOGRA offers a seal of approval and complaint handling (“queries and
complaints will be promptly responded to”)
Name of Provider
Other names
Location
e-consens
www.e-consens.de
Germany
Year Established
Still Operating
Owners/Funders
Approx 2003
Yes
e-consens GmbH
ADR Services
Facilitated negotiation, mediation (software and training), mediation support
Communication Method
Email intake, web page
Privacy/Security Measures
Any Technical Notes
Privacy policy provided
Type of Disputes Dealt With
Languages
Online purchases, family dispute,
workplace, inheritance
German
Fee Structure
Volume of Cases/Settlement Rates
Negotiation €12.50 or 10% of value
per party. Mediation €25 per 15
mins of mediator’s time shared
between parties
Not yet enough cases to estimate
Comments
e-consens specialise in online conflict management and intercultural dispute
resolution. e-consens provides four services:
 consulting services and crisis intervention
 software for mediators and complaints handling
 training workshops in online conflict and intercultural mediation
 ODR services
Information is provided on online mediation on the site.
Name of Provider
Other names
Location
econsumer.gov
econsumer ADR pilot
U.S.A.
Year Established
Still Operating
Owners/Funders
2001 (pilot Oct
2003)
Yes
Federal Trade Commission
ADR Services
Complaints handling, intake
Communication Method
Public website for complaints, password protected site for government
coordination
Privacy/Security Measures
Any Technical Notes
Privacy policy on site
Type of Disputes Dealt With
Languages
Online consumer disputes relating
to foreign countries
English, Spanish, German, French
and Korean
43
Fee Structure
Volume of Cases/Settlement Rates
Free
No information provided
Comments
This is a project to enhance coordinated consumer protection across 13
countries. Consumers can lodge a complaint online which is then accessible
to the government law enforcement and regulatory agencies in ICPEN
member countries. Governments can communicate with each other online
through the protected area of the site. As part of a six month pilot project,
consumers may now choose to refer their complaint to an ADR provider
through the site. Referral agencies include Square Trade.
Name of Provider
emediation.nl
Other names
Location
ODR.nl
Netherlands
Year Established
Still Operating
Owners/Funders
2003
Yes
Lawyer ECM Roelvink, partner with
De Haan Advocaten
ADR Services
Mediation
Communication Method
Web page
Privacy/Security Measures
Any Technical Notes
Secure web page. Before
commencing, parties sign
agreement including confidentiality
terms
Flash intro
Type of Disputes Dealt With
Languages
All disputes, national or
international
Site in Dutch and English. Suggests
that may be able to provide support
for disputes in other languages
Fee Structure
Volume of Cases/Settlement Rates
C175 per hour split between parties
No information provided. Some test
sessions have taken place
Comments
Site provides good information on the mediation process but less
information on emediation.nl’s services, such as qualifications of mediators.
Name of Provider
Other names
Location
e-Mediator
Cybersolve
UK
Year Established
Still Operating
Owners/Funders
2000
Yes
Consensus Mediation led by solicitor
Maggie Kennedy
ADR Services
Mediation, Information
Communication Method
Online filing, email
Privacy/Security Measures
Any Technical Notes
Encrypted email
Type of Disputes Dealt With
Languages
Online or offline disputes where
amount in dispute <£15,000
English
Fee Structure
Volume of Cases/Settlement Rates
Cost generally half the cost of face- During 2000, the service managed a
to-face mediation. Minimum £200
caseload of 30 disputes.
44
+VAT per party.
Comments
A relatively simple online mediation system. Consensus Mediation also
provide traditional ADR services and provide useful information and resources
on ADR on the site. No information is available on the site on the number of
cases settled
Name of Provider
Other names
eNeutral
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
2001
No
Private venture of attorneys and
mediators
ADR Services
Mediation, Arbitration, Case Appraisal
Communication Method
Online filing, web page, videoconferencing
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Commercial disputes
Site is in English
Fee Structure
Volume of Cases/Settlement Rates
$250 per hour per party for the first 2 No information provided
hours. $200 every hour after.
Comments
Videoconferencing was the primary communication method used. Parties who
did not have their own videoconferencing facilities were referred to
videoconferencing providers. No longer operating.
Name of Provider
Other names
Location
eResolution
Disputes.org
Canada
Year Established
Still Operating
Owners/Funders
1999
No
Private venture led by Karim Benyeklef,
University of Montreal
ADR Services
Facilitated Negotiation, Mediation, Arbitration
Communication Method
Online filing, secure site, email
Privacy/Security Measures
Any Technical Notes
Decisions are published on the site
Type of Disputes Dealt With
Languages
Domain name disputes, other
disputes
English, French, Spanish
Fee Structure
Volume of Cases/Settlement Rates
US$750-US$3,500 depending on
In domain name disputes, eResolution
panel and number of domain names found for complainants approximately
in dispute
60% of the time (compared to National
Arbitration Forum and WIPO at 80%)
(Rule 2002). The caseload to October
2001 was 300 cases
Comments
One of the five approved dispute resolution service providers for domain
name disputes under the Uniform Domain Name Dispute Resolution Policy
(UDRP) adopted by the Internet Corporation for Assigned Names and
45
Number (ICANN) in 1999. eResolution also had a partnership with the Paris
Chamber of Commerce and Industry's Centre of Mediation and Arbitration
and RealNames Corporation to arbitrate Keyword Web address disputes.
eResolution was a mourned loss to the online ADR community following the
dot com crash and September 11 shock to the stockmarket which apparently
led to the withdrawal of private investors (Rule 2002). eResolution was
considered to be a leader in building online dispute systems and created the
architecture for the ECODIR system. eResolution's services may still be
available for design assistance.
Name of Provider
eSettle.co.uk
Other names
Location
e-Settle
U.K.
Year Established
Still Operating
Owners/Funders
2000
Yes
Judicium Limited
ADR Services
Automated Negotiation
Communication Method
Online filing, web page
Privacy/Security Measures
Any Technical Notes
Secure site (128-bit SSL encryption),
password protection. Terms and
conditions available
Type of Disputes Dealt With
Languages
Financial disputes, mainly insurance English
Fee Structure
Volume of Cases/Settlement Rates
Free for claimants. Fees for
defendants by negotiation.
First case settled in April 2001
Comments
The site explains the process clearly and has good information on security
issues. No information is provided on volume of cases attracted.
Name of Provider
Other names
European Advertising Standards EASA
Alliance
Location
Belgium
Year Established
Still Operating
Owners/Funders
2000
Yes
Members are regulatory bodies and
advertising industry associations
ADR Services
Complaint Handling
Communication Method
Online filing
Privacy/Security Measures
Any Technical Notes
Case results reported on website
Type of Disputes Dealt With
Languages
Consumer disputes regarding
advertising
French, English
Fee Structure
Volume of Cases/Settlement Rates
No fee for complaints
No information provided
Comments
EASA handles cross-border complaints on advertising. The site refers
complaints to the self-regulatory body in the country of residence; however, if
that body does not accept online complaints, a complaint can be submitted
which will then be forwarded to the relevant body.
46
Name of Provider
Other names
Family Mediation Canada
Location
Canada
Year Established
Still Operating
Owners/Funders
2004
Yes
Family Mediation Canada, a
membership organisation
ADR Services
Mediation support
Communication Method
Webpage, web-broadcast teleconferencing and document-sharing
collaboration tools
Privacy/Security Measures
Any Technical Notes
Practitioner accounts are protected
Type of Disputes Dealt With
Languages
Offline disputes, especially family
English, French
Fee Structure
Volume of Cases/Settlement Rates
Practitioners are billed for services
and they then re-bill clients or
absorb costs
Not applicable
Comments
Family Mediation Canada provides its services to individual mediators who
can book time slots for client conferences as desired at an hourly rate.
Name of Provider
Other names
Location
Federal Court of Australia eCourt
eCourt
Australia
Year Established
Still Operating
Owners/Funders
2001
Yes
Federal Court of Australia
ADR Services
Adjudication, Mediation
Communication Method
Webpage, electronic filing, electronic hearings/virtual courtroom, case
management and document management systems, videoconferencing
facilities
Privacy/Security Measures
Any Technical Notes
Password protection to log-in to site
Type of Disputes Dealt With
Languages
Litigious disputes, especially those
involving parties in remote locations
or a large volume of documentary
material
English (with translation services)
Fee Structure
Volume of Cases/Settlement Rates
Same filing fees as for other
Federal Court cases. It has been
suggested that fees should be
waived to encourage parties to use
the technology
No information provided
Comments
The Federal Court of Australia has been a world leader in embracing new
technologies, for example in using wireless laptop technology in courtrooms
and using videoconferencing.
eCourt is currently used to hear preliminary (interlocutory) matters and give
directions and other orders. It could also be used for Court-supported
mediation.
47
It is particularly useful to meet the demands of the Court’s Native Title
jurisdiction that necessitates hearings with Indigenous communities in
remote locations.
Name of Provider
Other names
Location
Federal Mediation and
Conciliation Service
TAGS system
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2002
Yes
Federal Mediation and Conciliation
Service (Federal Government). TAGS
software provided by Facilitate.com
ADR Services
Mediation, Facilitated Negotiation
Communication Method
Webpage, laptops, projectors
Privacy/Security Measures
Any Technical Notes
No information provided
Network of internet services, mobile
computers, LCD projectors and
customized software. FMS has eight
TAGS-enabled electronic customer
centres around the U.S.
Type of Disputes Dealt With
Languages
Labour-management disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Mostly free (Federal government
provided)
No information provided
Comments
TAGS can be used in face-to-face meetings or via the internet by FMCS
mediators. It provides group facilities for online collaboration and mediation.
Collaboration tools allow participants to simultaneously contribute ideas via
computer, build on others’ ideas and offer new ideas with complete
anonymity. Consensus building tools are available, including tools to
prioritise ideas, conduct electronic “ballots” and view results. Software
provides the opportunity to assign tasks and implement timelines.
Mediation is conducted with laptops and projectors supplementing face to
face negotiations (either with one computer for each party or for all
participants). There is also the facility for online meetings via the internet.
FMCS has an international program offering training and consulting to
foreign nations. This does not appear to have included the TAGS system to
date.
Name of Provider
Other names
FSM
Location
Germany
Year Established
Still Operating
Owners/Funders
1998
Yes
Membership organisation
ADR Services
Complaint Handling, Case Appraisal
Communication Method
Online filing, email, web site
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
48
Complaints about internet sites,
especially illegality and child
protection issues
German
Fee Structure
Volume of Cases/Settlement Rates
None for complaints
1179 complaints were received in 2001
Comments
If the complaint lodged is for a foreign server, it is passed on to an appropriate
body in that country. If the complaint relates to a German site, the complaint is
passed on to the organisation and, if no action is taken, a complaint
committee makes a decision which is then published. FSM may also sue a
non-complying company in court. Anonymous complaints are accepted.
FSM is a membership organisation of internet related organisations. 300
companies have agreed to abide by FSM's code of conduct.
Name of Provider
Other names
Location
Global Arbitration Mediation
Association
GAMA
U.S.A.
Year Established
Still Operating
Owners/Funders
2000
Yes
Private venture
ADR Services
Referral only
Communication Method
Web page, video
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Any disputes
English, Spanish
Fee Structure
Volume of Cases/Settlement Rates
US$100 for a basic search
US$150 for an advanced search
No information provided
Comments
The site contains E-Directories of ADR professionals designed to help
disputants find mediators and arbitrators appropriate for resolving their
conflicts by permitting searches of the database by years of ADR experience,
education, credentials, subject matter expertise, associations, geographic
location, videoconferencing compatibility and hourly rate. It does not offer
direct ODR services but some of its members may. Services in Spanish are
provided through the affiliated Ordenpublico site. GAMA claims to be the first
ADR company on the web in 1995.
Name of Provider
Other names
Hong Kong International
Arbitration Centre
HKIAC, .cn/.hk domain Hong Kong
name dispute resolution
Location
Year Established
Still Operating
Owners/Funders
2001
Yes
ADR Services
Arbitration
Communication Method
Online filing (also fax and post)
Privacy/Security Measures
Any Technical Notes
Decisions published on site
Type of Disputes Dealt With
Languages
Domain name disputes (.hk and .cn). Site in English and Chinese
49
Fee Structure
Volume of Cases/Settlement Rates
Between HK$8,000 per domain
name for a one-member panel to
HK$16,000 for a three-member
panel.
For .hk domain names, 11 cases are
listed June 2001-March 2004 with one
pending, eight decided and two
withdrawn. For .cn domain names there
are 13 cases: three pending, one
withdrawn and nine resolved.
Comments
HKIAC provides dispute resolution services for the .hk and .cn domains in
addition to HKIAC's partnership with the China International Economic and
Trade Arbitration Commission (CIETAC) to operate the Asian Domain Name
Dispute Resolution Centre (ADNDRC), one of the four domain name dispute
resolution providers approved by the Internet Corporation for the Assignment
of Names and Numbers (ICANN) to provide dispute resolution services for
general top level domain names.
Name of Provider
Other names
iCourthouse
I-Courthouse, JurySmart U.S.A.
Year Established
Still Operating
Owners/Funders
1999
Yes
Private venture
Location
ADR Services
Case Appraisal, Arbitration
Communication Method
Online filing, email
Privacy/Security Measures
Any Technical Notes
Password protected site. Privacy
policy in place. No cookies are used.
Users can choose between private
confidential decisions and public
decisions which are posted on the
site.
Cases may not use real names or
addresses
Type of Disputes Dealt With
Languages
All disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Peer juries are free. Private panels
cost US$189 including a report
breaking down juror responses
demographically
Up to Case No. 11,094 filed (June 2004)
Comments
This is an example of the adaptation of a dispute resolution process for the
online environment: while mock-trials exist outside cyberspace, the internet
allows easier recruitment of jury members and presentation of material.
Where parties agree to make the outcome binding, the service operates as
arbitration. Otherwise, parties are free to seek further redress in a court.
Case materials must be submitted within 72 hours and the defendant has 10
days to register. Jurors then read and review the entire contents of each
parties' trial book. Jurors may ask questions of the parties.
Prices for the private panel service have dropped dramatically since 2001
perhaps implying that the site is attracting a greater volume of cases.
Name of Provider
Other names
Location
50
iLevel
U.S.A.
Year Established
Still Operating
Owners/Funders
1997
No
Membership organisation
ADR Services
Complaint Handling, Facilitated Negotiation
Communication Method
Online filing, email
Privacy/Security Measures
Any Technical Notes
If complaint not settled, all
information is made public on
website
Type of Disputes Dealt With
Languages
Consumer disputes, particularly
online consumer disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Yearly membership fee. Consumers As of October 2001, the service had
must become members to file a
handled thousands of disputes (Schultz
complaint. Companies cannot
2001)
become members.
Comments
iLevel is no longer offering online dispute resolution. The iLevel.com address
has been acquired by Ultimate Search Inc.
Once a complaint was filed, iLevel contacted the company involved and
encouraged the parties to engage in direct negotiation. If no settlement was
reached within 30 days, the complaint and record of negotiations was made
public on the iLevel site.
Name of Provider
Other names
Info-Share
Location
Sri Lanka
Year Established
Still Operating
Owners/Funders
2003
Yes
Academy for Educational
Development and USAID
ADR Services
Conflict resolution/transformation including knowledge-sharing, information
and communications flow and “shared spaces” for stakeholder dialogue.
Communication Method
Groove Workspace and related online technologies, including websites,
bulletin boards, private chat rooms
Privacy/Security Measures
Any Technical Notes
US Department of Defense certified
software platform
Runs only on Windows at present,
though a Mac OS X version is
planned
Type of Disputes Dealt With
Languages
Ethno-political conflict, peace
processes, donor coordination, civil
society coordination
English, Sinhala, Tamil
Fee Structure
Volume of Cases/Settlement Rates
No fee to users
Not applicable. Currently being used
in the Sri Lankan peace process
Comments
Info-Share was created with the belief that ICT and innovative media can
help bridge communications gaps between the main stakeholders in the Sri
Lankan peace process and also enable public participation in the process.
51
As such, it can be seen as a harbinger of the application of traditional
conflict resolution and mediation theories to the world of information
technology - a marriage between virtual information sharing and real world
change.
Name of Provider
Other names
InfoTech Dispute Resolution
Center
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
2004
Yes
EscrowTech
ADR Services
Mediation, Neutral Assessment, Arbitration
Communication Method
Unknown. International disputes are specifically mentioned as a focus but
no information is provided on how mediation is conducted
Privacy/Security Measures
Any Technical Notes
No information provided
Type of Disputes Dealt With
Languages
Legal disputes relating to software,
computers, information technology,
intellectual property and ecommerce
English
Fee Structure
Volume of Cases/Settlement Rates
Mediation/arbitration at $300 per
hour plus $1895 administration fee
No information provided
Comments
Informative and attractively designed site. InfoTech also provides IT testing
services (eg evaluation and verification of software and IT assets) and
damages analysis in its IT testing lab in Lindon, Utah.
Only one mediator/arbitrator biography provided.
Name of Provider
Other names
IntelliCOURT
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
2000
No
Private company ArbitrationSolutions
ADR Services
Mediation, Arbitration
Communication Method
Unknown
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
No limitations listed
English
Fee Structure
Volume of Cases/Settlement Rates
No information provided
Only one case listed on the site
Comments
IntelliCOURT closed in December 2002. Its model was for mediation and
arbitration by an experienced, retired judge.
Name of Provider
Other names
Location
International Chamber of
Commerce Paction
ICC, Paction
France
52
Year Established
Still Operating
Owners/Funders
Approx 2003
Yes
International Chamber of Commerce.
System built by Allagraf Ltd
ADR Services
Online negotiation, conline contracting
Communication Method
Webpage
Privacy/Security Measures
Any Technical Notes
Password protected. Privacy
statement on site
Incorporates online signing including
digital ID
Type of Disputes Dealt With
Languages
International trade negotiations
English
Fee Structure
Volume of Cases/Settlement Rates
GBP75 to register. Each contact
costs GBP10 per party
No information provided
Comments
Paction enables parties to prepare, negotiate and complete contacts for the
international sale and purchase of goods online based on the ICC’s model
international sale contract. The ICC provides arbitration and traditional
dispute resolution services but does not yet offer these online.
Name of Provider
Other names
InternetNeutral
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
1997
No
Private venture
ADR Services
Mediation
Communication Method
Online filing, email, instant messaging, chat, videoconferencing
Privacy/Security Measures
Any Technical Notes
Non-secure. Mediators follow Model
Standards of Conduct for Mediators.
Detailed rules of procedure provided
Type of Disputes Dealt With
Languages
Online commercial disputes
English
Fee Structure
Volume of Cases/Settlement Rates
US$250 fee each for submission and The site had not handled any disputes
response. US$1-US$6 per minute for during the first three years of its
mediator's time.
existence. The site advertises the
general statistic that settlement is
reached in 85% of mediations but gives
no information on its own record.
Comments
One of the earliest of the private online ADR sites. The domain name has now
been take over by a Conflict Resolution, a San Diego-based network of
neutrals that provides face-to-face and telephonic mediation and arbitration.
Name of Provider
Other names
Internet Ombudsmann
Location
Austria
Year Established
Still Operating
Owners/Funders
Approx 2000
Yes
ÖIAT (Austrian Institute for Applied
Telecommunication) in co-operation with
VKI (Consumer Information Association)
53
ADR Services
Complaint Handling, Mediation, Arbitration
Communication Method
Online filing
Privacy/Security Measures
Any Technical Notes
Secure site
Type of Disputes Dealt With
Languages
Online commercial and consumer
disputes for members only
German
Fee Structure
Volume of Cases/Settlement Rates
Membership fees of €25 per year.
Consumer complaints are free
No information provided
Comments
The site apologises that it can not assist with private individual and nonmember disputes but that it does not receive public funds. An e-commerce
quality mark is available.
Name of Provider
Other names
Internet Ombudsmannen
Year Established
Still Operating
1999
No
Location
Sweden
Owners/Funders
ADR Services
Information, Complaint Handling, Mediation, Arbitration
Communication Method
Unknown
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Online disputes, consumer
protection, offline disputes
Swedish
Fee Structure
Volume of Cases/Settlement Rates
Unknown
No information provided
Comments
As well as online ADR, the site attempts to educate consumers on proper
uses of the internet and consumer protection issues (Center for Law,
Commerce & Technology 2000).
Name of Provider
Other names
Intersettle
Location
U.K.
Year Established
Still Operating
Owners/Funders
2000
Yes
A consortium of eight Scottish law firms
ADR Services
Automated Negotiation
Communication Method
Online filing, email, web page
Privacy/Security Measures
Any Technical Notes
Privacy and data collection policies.
Type of Disputes Dealt With
Languages
Financial claims
English
Fee Structure
Volume of Cases/Settlement Rates
Annual fee for law firms plus £20 per No information provided
case fee
54
Comments
The service launched with seven law firm partners and has now recruited an
eighth. Protocols for dispute resolution are listed on the site. New users can
register for three months free of charge.
In July 2003, Intersettle announced its partnership with ODR International,
including launch of Scottish equivalent of the Solicitors Room and an online
collaborative tool for conveyancers “The Conveyancing Room” using The
Claim Room technology.
Name of Provider
Other names
IRIS Médiation
Location
France
Year Established
Still Operating
Owners/Funders
1998
Yes
IRIS (Imaginons un Réseau Internet
Solidaire), a non-profit organisation
ADR Services
Complaint handling, Mediation
Communication Method
Online filing, email
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Disputes involving internet service
providers (a form of consumer
dispute)
French
Fee Structure
Volume of Cases/Settlement Rates
Free
61 mediations during the pilot year; 53
were successfully settled. Further
statistics are not available on the site.
Comments
IRIS, an organisation seeking to promote individual and public liberties on the
Internet, ran a mediation experiment from March 1998 through to March 1999.
While this was advertised as a pilot, information and an online request for
mediation form are still available on the site which would give members of the
public the impression that the service is still available.
Name of Provider
Other names
Irish Commercial Court
Location
Ireland
Year Established
Still Operating
Owners/Funders
2004
Yes
The Courts Service, independent
body administering Ireland’s courts
ADR Services
Adjudication
Communication Method
Electronic filing, document exchange, electronic presentation of evidence
and videoconferencing
Privacy/Security Measures
Any Technical Notes
Unknown
Contracted by Fujitsu
Type of Disputes Dealt With
Languages
Commercial disputes >€1m
Site in English and Irish
Fee Structure
Volume of Cases/Settlement Rates
As per normal court fees
Launched January 2004
Comments
The commercial court is part of the Irish High Court.
55
Name of Provider
Other names
IRS Electronic Account
Resolution
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
2003
Yes
Internal Revenue Service, U.S.
federal tax collection agency
ADR Services
Negotiation
Communication Method
Webpage
Privacy/Security Measures
Any Technical Notes
Secure, password-protected site
Type of Disputes Dealt With
Languages
Tax disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Free
Unknown
Comments
Pilot project launched December 2003 with tax professionals, including
lawyers and accountants, who file more than 100 tax returns per year.
Various other fast track dispute resolution initiatives are also being trialled.
Name of Provider
Other names
JAMS
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
2002
Yes
Private venture
ADR Services
Mediation, Arbitration, Case Appraisal
Communication Method
Videoconferencing
Privacy/Security Measures
Any Technical Notes
eSDN secure videoconferencing
Videoconferencing includes studioquality equipment. Other computers can
also be connected to the system to
present digital evidence
Type of Disputes Dealt With
Languages
All disputes
English
Fee Structure
Volume of Cases/Settlement Rates
US$50 scheduling fee.
US$200 per hour per location up to
US$1400 per day per location
No information provided
Comments
JAMS is a successful traditional ADR provider that has recently begun to offer
videoconferencing for its various ADR processes. Videoconferencing is
available on site at 23 JAMS offices around the U.S. with the ability to connect
to virtually all other videoconferencing sites throughout the world.
Name of Provider
Other names
Location
Justica Sobre Rodas
Justice on Wheels,
Electronic Judge
Brazil
Year Established
Still Operating
Owners/Funders
2000
Unknown
Tribunal de Justica do Espirito Santo
56
ADR Services
Adjudication
Communication Method
Mobile laptop, artificial intelligence program “Electronic Judge”
Privacy/Security Measures
Any Technical Notes
Programmed in visual basic
Type of Disputes Dealt With
Languages
Vehicle disputes
Portuguese
Fee Structure
Volume of Cases/Settlement Rates
Standard court fees apply
Unknown
Comments
The Justica Sobre Rodas (Justice on Wheels) program is a project of the
Court of Espirito Santo, a state in Brazil. Justice Pedro Valls Feu Rosa, who
initiated this program, has a history of designing innovative justice
programs. He was the first judge of Espirito Santo’s Small Claims Court and
has created various software programs to assist the administration of justice
that he has donated to diverse Brazilian tribunals
(http://www.tj.es.gov.br/desembargadores/pedro.htm). The Justice on
Wheels program involves a judge, court clerk and laptop computers
traveling on site to where a car crash has occurred. The Electronic Judge
program provides the judge with a series of multiple choice questions. It
also includes witness reports and forensic evidence. The judge can issue on
the spot fines and order damages and jail sentences
(http://news.bbc.co.uk/1/hi/sci/tech/726837.stm). The website of the Court
does not made clear whether the program is still operating.
Name of Provider
Other names
Location
LegalGrid Online
Courtroom21,
Court.com, Court21
U.K.
Year Established
Still Operating
Owners/Funders
2004
Yes
Private company Legal Grid Online
Ltd
ADR Services
Adjudication, arbitration, consultancy services
Communication Method
Document exchange, multi-party videoconferencing
Privacy/Security Measures
Any Technical Notes
3D videoconferencing technology
Type of Disputes Dealt With
Languages
Any disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Unknown
Currently launching service after pilot
and development phase
Comments
LegalGrid Online has developed from the Court21/Courtroom21
demonstration court room project undertaken by Professor Lederer at the
William and Mary School of Law, Williamsburg USA and the Leeds
University Business School and Departments of Law and Computing.
The first demonstration of the system took place in March 2001 and
involved an examination of a witness in Australia by a barrister in the UK for
a trial in the USA. LegalGrid Online is currently launching as an ODR and
consultancy service.
57
Name of Provider
Other names
Location
Mediate.com
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2002 (1996
for site)
Yes
Co-founders Jim Melamed and John
Helie
ADR Services
Primarily information. However the “Locate A Mediator” service enables
intake for individual practitioners, including ODR services.
Communication Method
Website
Privacy/Security Measures
Any Technical Notes
No information provided
Type of Disputes Dealt With
All disputes. Specialities mentioned
include entertainment, employment,
family, community, planning and ecommerce
Languages
Site in English
only
Fee Structure
Volume of Cases/Settlement Rates
Set by individual practitioner
Of the 67 practitioners who offer ODR
services, 14 list some online
mediation experience, including one
with 200 cases and three with 100
cases (total of 568).
Comments
Provides listing of service providers in “Locate a Mediator” including those
who list online mediation in their expertise. It is possible to initiate ODR from
site either through email or Victorian intake form by contacting one of these
providers. As of 2 July 2004, 67 of the practitioners who list on the site offer
online mediation.
Name of Provider
Other names
Location
Mediate-net
University of Maryland U.S.A.
Online Mediation Project
Year Established
Still Operating
Owners/Funders
1996
No
National Center on Automated
Information Retrieval
ADR Services
Mediation
Communication Method
Online filing, email
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Disputes under Maryland law.
Originally focused on family and
health disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Unknown
Unknown
Comments
The site also included information (via a reference librarian), a telephone
hotline and online tutorial.
58
Name of Provider
Other names
Mediation America
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
2000
No
Private venture
ADR Services
Mediation, Facilitated Negotiation, Automated Negotiation (no longer offered)
Communication Method
Online filing, web page, multi-party videoconferencing, teleconference,
document sharing
Privacy/Security Measures
Any Technical Notes
Video and audio conferences are
encrypted
No
Type of Disputes Dealt With
Languages
All disputes, primarily business and English
insurance
Fee Structure
Volume of Cases/Settlement Rates
No information provided
Comments
Site allowed caucusing. For videoconferencing parties required a high speed
DSL connection and computer with over 450mHz Pentium Processor, 24bit
video card, 256 MB Ram, camera and microphone. Videoconferencing was
broadcast quality.
Name of Provider
Other names
Location
Mediation Arbitration Resolution
Services
MARS, SuperSettle, Fair U.S.A.
& Square,
ResolveMyDispute.com
Year Established
Still Operating
Owners/Funders
1999
Yes
Private venture
ADR Services
Mediation, Arbitration, Complaint Handling
Communication Method
Online filing, email, web page, teleconferencing, videoconferencing
Privacy/Security Measures
Any Technical Notes
Privacy Statement
Type of Disputes Dealt With
Languages
All disputes, especially financial
disputes and online disputes
English
Fee Structure
Volume of Cases/Settlement Rates
For consumers, a US$10 filing fee. No information provided
For merchants, a trustmark costs
$120 per year plus charges such as
response to claim fee (US$10) and
mediation ($15) plus resolution
charge of 3%
Comments
MARS appears to have focused its services on mediation and arbitration
provided by video and audio. The SuperSettle automated negotiation process
is no longer listed on the website.
MARS offers a merchant seal program where online merchants agree to use
the MARS online ADR process if their own internal handling fails to resolve
the dispute.
59
Name of Provider
Other names
Mediationline
Location
Germany
Year Established
Still Operating
Owners/Funders
Approx 2003
Yes
Private company
ADR Services
Mediation
Communication Method
Email
Privacy/Security Measures
Any Technical Notes
Privacy policy. Mediation rules
provided.
Type of Disputes Dealt With
Languages
Any disputes, especially workplace
and organisational disputes
German
Fee Structure
Volume of Cases/Settlement Rates
€45 filing fee then mediator’s time
between €90-€180 per hour split
between the parties
Not provided
Comments
Also provides training at the related www.communicationline.de site.
Name of Provider
Other names
Michigan Cybercourt
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2002
Not yet
launched
State of Michigan
ADR Services
Adjudication
Communication Method
Online filing, email, instant messaging, video streams, teleconferencing,
videoconferencing
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Business and commercial actions
>US$25,000
English
Fee Structure
Volume of Cases/Settlement Rates
US$200 filing fee
Comments
Case filed in the Cybercourt can be removed to the circuit court and decisions
can be appealed to the Court of Appeals. Cases are adjudicated by a judge
without a jury. The Cybercourt has not yet commenced operations due to lack
of approval for funds. In 2003 the budget for the Cybercourt was approved by
the House Appropriations Judiciary Subcommittee but Senate debate is still
required.
Name of Provider
Other names
Money Claim Online
Location
U.K.
Year Established
Still Operating
Owners/Funders
2002
Yes
UK Court Service
ADR Services
Adjudication (filing and response only)
60
Communication Method
Webpage
Privacy/Security Measures
Any Technical Notes
Privacy and security policies.
Secure site.
Type of Disputes Dealt With
Languages
Money Claims litigation
English
Fee Structure
Volume of Cases/Settlement Rates
Usual court fees apply
Unknown
Comments
Service enables online filing, response, payment of fees and tracking. Part
of the UK Court Service.
Name of Provider
Other names
NASD
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
2004
Yes
Financial industry regulator (it is
compulsory for securities firms to be a
member of NASD)
ADR Services
Arbitration (online filing, case management)
Communication Method
Webpage
Privacy/Security Measures
Any Technical Notes
Full rules and procedures provided
on site
Type of Disputes Dealt With
Languages
Financial industry disputes
English, Spanish
Fee Structure
Volume of Cases/Settlement Rates
Filing fees for consumer disputes
from $25-$600 plus hearing fee
from $25-$12,000 (depending on
value of dispute and number of
panelists). Members pay claimant
fees of $200-$500 plus some
hearing fees or a respondent
surcharge of $150-$3750 plus
hearing fee.
Unknown
Comments
Online filing has been introduced as part of a comprehensive migration to
web-based, fully interactive claim filing and management. NASD also
provides face to face arbitration and mediation processes. Online training in
arbitration is available.
Name of Provider
Other names
National Arbitration Forum
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
Yes
National Arbitration Forum
ADR Services
Arbitration, Automated Negotiation
Communication Method
Online filing and response (plus fax and mail), webpage
61
Privacy/Security Measures
Any Technical Notes
Decisions published on site
Type of Disputes Dealt With
Languages
Domain name disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Between US$1,150 for a onemember panel for a single domain
name to US$4,000 for a threemember panel for up to 15 domain
names
4259 decisions are listed for domain
name disputes
Comments
One of the five approved dispute resolution service providers for domain
name disputes under the Uniform Domain Name Dispute Resolution Policy
(UDRP) adopted by the Internet Corporation for Assigned Names and
Number (ICANN) in 1999. In April 2004, NAF launched online filing and
access to the New Jersey No-Fault arbitration program, including an
automated negotiation system. Mediation services are only offered face to
face. Arbitration services are provided with online filing and response. NAF
purchased eResolution's software after eResolution closed in late 2001.
Name of Provider
Other names
Location
National Mediation
Mosten Mediation
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2002
Yes
Mosten Mediation
ADR Services
Mediation
Communication Method
Online filing, videoconferencing
Privacy/Security Measures
Any Technical Notes
Ethical standards for mediators
include confidentiality
No information on type of web system
offered
Type of Disputes Dealt With
Languages
Any disputes
English
Fee Structure
Volume of Cases/Settlement Rates
No information provided. Free initial
consultation
Not provided
Comments
National Mediation also provides face to face arbitration services. Parties
can select a mediator/arbitrator from a directory and file the details of their
disputes online. Dispute resolution is provided face to face, via
teleconferencing, videoconferencing or “web-based capabilities”.
Name of Provider
Other names
Location
New Court City
Virtual Mediator
U.S.A.
Year Established
Still Operating
Owners/Funders
2000
No
Private venture founded by Kristina
Eisenacher
ADR Services
Automated Negotiation, Mediation
Communication Method
Online filing, web page
Privacy/Security Measures
Any Technical Notes
62
Type of Disputes Dealt With
Languages
Financial disputes, employment
disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Unknown
No information provided
Comments
Automated negotiation was launched first and then followed by the Virtual
Mediator service. It appears that marketing of the site shifted from financial
disputes towards employment disputes over time.
Name of Provider
Other names
Nominet
Location
UK
Year Established
Still Operating
Owners/Funders
2001
Yes
Non-profit company, Nominet
ADR Services
Facilitated negotiation
Communication Method
Telephone, Webpage (online filing and response)
Privacy/Security Measures
Any Technical Notes
No information provided
Type of Disputes Dealt With
Languages
Domain name disputes (.uk names)
English
Fee Structure
Volume of Cases/Settlement Rates
Filing and mediation are free. ₤750
for binding determination.
1614 disputes submitted. 55% of
cases settle at mediation. Full
statistics on site.
Comments
Nominet provides mediation and arbitration. Mediation is by online
submission of documents and then telephone.
Name of Provider
Other names
NotGoodEnough.org
Location
Australia
Year Established
Still Operating
Owners/Funders
2002
Yes
Private company founded by Dr Fiona
Stewart
ADR Services
Complaint Handling
Communication Method
Online filing, web page, email, fax
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Consumer disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Free for consumers; companies can 3000 complaints were filed in its first
pay for corporate services
day. Averages 1800 visits daily.
Comments
The site provides a space for consumers to submit "gripes". These are then
forwarded to the companies involved via email or fax and any company
response is posted on the site. Companies that fail to respond and any
settlements reached are listed on the site. Alliance partner BrandAide
Communications provides companies with access to consumer feedback from
the site through its eAlert service
63
Name of Provider
Other names
Location
NovaForum
The Electronic
Courthouse
Canada
Year Established
Still Operating
Owners/Funders
2000
Yes
Private venture of Teri Kirk, Cheryl
Kananz and Margo Langford
ADR Services
Facilitated Negotiation, Mediation, Arbitration, Case Appraisal (“Stepped”
mediation-arbitration)
Communication Method
Online filing, chat, videoconferencing, email, fax
Privacy/Security Measures
Any Technical Notes
Privacy policy
Type of Disputes Dealt With
Languages
Consumer and business disputes,
especially cross-border disputes
French, English, Spanish, Mandarin,
German and Italian. Other languages
via translation.
Fee Structure
Volume of Cases/Settlement Rates
US$12,500 yearly subscription plus During 2000, Nova Forum resolved
US$2,000-US$5,000 for each case around 100 cases. On average 6 hours
of active resolution time required
Comments
Nova Forum aims to settle disputes within 72 hours. Decisions may be made
binding by decision of the parties. Companies subscribing to Nova Forum
may display a seal and can decide whether to charge consumers for the
service. The Electronic Courthouse has been named Member Service
supplier to the Canadian Bar Association.
Unusually, Nova Forum did much testing before entering the market. Two
hundred test scenarios were conducted before launch (Center for Law,
Commerce and Technology 2000). It has been apparently been particularly
successful with the Canadian Construction industry.
Nova Forum has added a case appraisal service since 2001 and is active in
public speaking and promotion.
Name of Provider
Other names
Ombudsmann.de
Location
Germany
Year Established
Still Operating
Owners/Funders
Approx 2003
Yes
Verbraucher Initiative funded by the
European Commission and Federal
Minister for Consumer Protection
ADR Services
Complaints Handling
Communication Method
Webpage, email notice of changes to noticeboard
Privacy/Security Measures
Any Technical Notes
Secure, password protected site.
Confidentiality policy
128 bit SSL encryption
Type of Disputes Dealt With
Languages
Internet consumer disputes where
consumer resides in Germany and
seller is a company located in the
European Union where no litigation
German. Some information in English
64
is pending
Fee Structure
Volume of Cases/Settlement Rates
Free. Donations are accepted
No information provided
Comments
The process is variously translated on the site as conciliation or arbitration.
It appears to be a complaint handling service.
Name of Provider
Other names
Location
Online Confidence
Eurochambres
Belgium
Year Established
Still Operating
Owners/Funders
2002
Yes
Eurochambres, a membership
organisation of 1300 European
chambers of commerce
ADR Services
Complaint Handling, Facilitated Negotiation, Case Appraisal, Arbitration
Communication Method
Online filing, web page, email, uploading documents, hearings
Privacy/Security Measures
Any Technical Notes
Privacy and security policies
provided
Technical support being developed by
Infocamere and Consorzio Pisa
Ricerche
Type of Disputes Dealt With
Languages
Online disputes, consumer disputes Language common to the parties or
language of the transaction
Fee Structure
Volume of Cases/Settlement Rates
No information has yet been
provided on site
Unknown
Comments
Appears to be modelled on the successful Square Trade process of "direct
negotiation" followed by an evaluation process. The evaluation "Advice" can
be binding if the seller previously agreed to be bound.
Evaluations up to € 5000 are binding on Online Confidence trustmark holders;
however the site can be used for any consumer disputes. Consumers do not
lose their right of legal redress by using the site.
Name of Provider
Other names
Online Ombuds Office
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
1996
No
University of Massachusetts Centre for
Information Technology and Dispute
Resolution; funded by Hewlett
Foundation and National Center for
Automated Information Research
(NCAIR)
ADR Services
Mediation, Complaint Handling, Arbitration
Communication Method
Web page, email
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
All disputes, especially online and
English
65
consumer disputes and domain
name disputes
Fee Structure
Volume of Cases/Settlement Rates
Free
Handled over 200 cases from 1996 to
2001 with a 50% settlement rate.
Comments
An early pioneer in online ADR that experimented with a range of
technologies as they became available. The Centre for Information
Technology and Dispute Resolution continues to remain a thought leader in
the field.
Name of Provider
Other names
Online Public Disputes Project
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
Yes
Raab Associates, a public dispute
resolution firm.
ADR Services
Negotiation Support, Mediation, Arbitration, Case Appraisal
Communication Method
Chat, instant messaging, whiteboards, threaded discussion, polling, document
sharing
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Public disputes
English
Fee Structure
Volume of Cases/Settlement Rates
No information provided
Four major projects listed
Comments
The Project designs online processes for public participation and dispute
resolution. The Project can arrange tools for online ADR. However dispute
resolution facilities are not provided on the site.
Services are directed at both Federal/state/local government bodies and ADR
practitioners. The Project can train government staff and ADR providers in
using online tools and other technologies to enhance public dispute resolution
processes.
The Project has been less active since Director Colin Rule moved to eBay.
Name of Provider
Other names
Location
Online Resolution
Online Mediators
U.S.A.
Year Established
Still Operating
Owners/Funders
2000
Yes
Mediation Information and Resource
Center (John Helie, Jim Melamed and
Colin Rule)
ADR Services
Mediation, Arbitration, Case Appraisal
Communication Method
Web page, email
Privacy/Security Measures
Any Technical Notes
Secure site. Firewall. Privacy
statement
eRoom software
Type of Disputes Dealt With
Languages
All disputes. Originally targeted at
business to business disputes
English
66
Fee Structure
Volume of Cases/Settlement Rates
US$100 per party for a two hour
At the end of 2001, over 30 cases had
standard process <US$10,000 up to been filed.
US$200 per party >US$50,000
Comments
An attractive and well laid out site. At one stage, Online Resolution offered its
Resolution Room technology for use by ADR practitioners in their practices
(see cached versions of www.resolutionroom.com on web search engines).
This service appears to be no longer offered.
The site explicitly states standards of conduct for neutrals in accordance with
American Bar Association, American Arbitration Association and Society of
Professionals in Dispute Resolution (SPIDR) (now Association for Conflict
Resolution) codes of conduct. Rule 2002:129-131 notes that Online
Resolution changed its focus over time as markets changed: while most of its
work prior to 2001 was in e-commerce, the downturn in the U.S. economy
forced it to look to other areas such as workplace disputes, insurance cases
and multi-party public disputes.
The Project has been less active since Director Colin Rule moved to eBay.
Name of Provider
Other names
PayPal
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2003
(PayPal 1998)
Yes
eBay
ADR Services
Negotiation, Case Evaluation
Communication Method
Webpage, online filing
Privacy/Security Measures
Any Technical Notes
TrustE and BBB Online certified.
Privacy policy
Type of Disputes Dealt With
Languages
E-commerce disputes
English, German, French, Danish,
Finnish, Chinese, Italian, Korean,
Spanish, Japanese, Dutch,
Norwegian
Fee Structure
Volume of Cases/Settlement Rates
Mostly free
Not provided. Total of 45m account
members worldwide
Comments
PayPal provides Buyer and Seller protection policies including ODR
procedures. PayPal is available in 38 countries.
Name of Provider
Other names
Private Judge
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2002
Yes
Private venture
ADR Services
Mediation, Arbitration, Case Appraisal, Mock Jury
Communication Method
Online Filing, instant messaging/chat, videoconferencing, telephone
conferencing, face-to-face
Privacy/Security Measures
Any Technical Notes
Secure site
67
Type of Disputes Dealt With
Languages
Business and technology disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Case Appraisal: US$500 per party No information provided
for up to 30 pages submission
Mediation: US$2000-$5000 per party
per day
Arbitration: US$1200 Administration
Fee plus arbitrator fees.
Comments
Private Judge provides retired Federal, State and International Judges to help
resolve disputes. When parties register, they can choose between various
communication methods for "conference scheduling".
Name of Provider
Other names
Resolution Canada
Location
Canada
Year Established
Still Operating
Owners/Funders
2002
Yes
Unknown
ADR Services
Arbitration
Communication Method
Online filing, web page
Privacy/Security Measures
Any Technical Notes
Decisions are published on the site
Type of Disputes Dealt With
Languages
Domain name disputes
English, French
Fee Structure
Volume of Cases/Settlement Rates
Between C$1,750 for a one-member Case decisions listed on site. Six cases
panel for a single domain name to
to date.
C$6,400 for a three-member panel
for 10 domain names
Comments
ResolutionCanada is authorized by the Canadian Internet Registration
Authority (CIRA) to resolve disputes on the Internet relating to registration of
.ca domain names in the CIRA Registry. The site is beautifully laid out and
easy to navigate. However no information is provided on the company
operating the service.
Name of Provider
Other names
Resolution Forum
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
1997
Yes
Non-profit associated with the South
Texas College of Law
ADR Services
Facilitated Negotiation, Mediation, Arbitration
Communication Method
Web page, threaded discussion, chat
Privacy/Security Measures
Any Technical Notes
Password protected access to
CAN-WIN software
website. Transcript of session can be
destroyed
Type of Disputes Dealt With
Languages
All disputes
English, Spanish
68
Fee Structure
Volume of Cases/Settlement Rates
US$250 per hour per party
75% of cases have been resolved
favourably.
Comments
Project is closely aligned with the State Bar of Texas Corporate Counsel
Section and the State Bar of Texas ADR Section.
Site allows caucusing. All mediators and negotiators agree to comply with the
Code of Ethics of the Institute for Responsible Dispute Resolution.
The site is in the process of implementing video conferencing.
Name of Provider
Resolve It Now
Other names
Location
Resolveitnow.com
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2001
No
Private venture
ADR Services
Automated Negotiation
Communication Method
Online filing, web page
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Financial disputes
English
Fee Structure
Volume of Cases/Settlement Rates
US$150 per party for settlement
>US$3,000; 5% of settlement
<US$3,000 per party
No statistics available
Comments
All settlements reached are binding.
Name of Provider
Other names
Retail Tenancy Unit NSW
Location
Australia
Year Established
Still Operating
Owners/Funders
Approx 2003
Yes
Department of State and Regional
Development NSW
ADR Services
Mediation, Complaint Handling
Communication Method
Online filing, online fee paying, threaded discussion board for communication
with adviser and mediator (but not between parties)
Privacy/Security Measures
Any Technical Notes
Password protection
Type of Disputes Dealt With
Languages
Retail tenancy disputes
English
Fee Structure
Volume of Cases/Settlement Rates
No additional fees for online services Unknown
($165 application fee and $550 flat
mediation fee)
Comments
The Retail Tenancy Unit service permits an applicant to register for mediation
services. Once registration is complete, the client can:
 lodge a Retail Tenancy Dispute Application Form online
 pay required application and mediation fees
 engage in a bulletin board discussion with either an advice officer or a
69
mediator
 determine the progress of the application up to the mediation date
 upload any supporting documents to assist with the application
Some shuttle mediation could be supported by the system. However, direct
party-to-party mediations only take place face-to-face.
The Unit conducts around 250 mediations per year in both metropolitan and
regional and rural areas. Advice officers are staff who provide complaint
handling services. Mediators are independent and are selected from a panel.
Mediation rules set out standards of conduct for mediators.
Name of Provider
Other names
Scenario Builder
Location
Australia
Year Established
Still Operating
Owners/Funders
2003
Yes
Acumentum Pty Ltd (Russell Yardley,
Lyndsey Cattermole and others)
ADR Services
Guidance and Intake
Communication Method
Online which can be integrated with call centre support
Privacy/Security Measures
Any Technical Notes
LDAP directory authentication
J2EE Tom Cat Jboss or Websphere
with Oracle 9i or DB2
Type of Disputes Dealt With
Languages
Most disputes
English (others can be
accommodated)
Fee Structure
Volume of Cases/Settlement Rates
ASP Service or application licence
for internal installation. Licence
charged on number of dispute
scenario authors and number of
published dispute scenarios
Unlimited
Comments
Acumentum’s Scenario Builder is a recent innovation in providing a powerful
yet simple system for any dispute resolution expert to capture scenarios for
guiding people through many and varied disputes.
Scenario Builder is a system to capture knowledge in any dispute process
to create a decision tree. The system then automatically generates
webpages that can be easily be part of an Intranet, Extranet or Internet site
to guide people through the resolution of their dispute. It can be linked to an
existing website to assist with intake of disputes and could be integrated
with online mediation or arbitration processes.
Scenario Builder was used by the Department of Justice Australia in its
disputeinfo site www.justice.vic.gov.au/disputeinfo to guide people through
their dispute resolution options. This has not yet been integrated with an
online mediation process but this may be a future development.
Name of Provider
SettlementNOW
Year Established
Still Operating
Approx 2000
No
Other names
Location
Settlementnow.com
U.S.A.
Owners/Funders
70
ADR Services
Automated Negotiation
Communication Method
Online filing, web page
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Insurance claims
English
Fee Structure
Volume of Cases/Settlement Rates
US$219
Unknown
Comments
Users must agree to be bound by settlement reached.
SettlementNOW appears to have been taken over by Allsettle.com between
2000 and 2001.
Name of Provider
Other names
Settlement Online
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
No
Private venture
ADR Services
Automated Negotiation
Communication Method
Blind bidding, web page
Privacy/Security Measures
Any Technical Notes
SSL secure site
Thawte authentic site
Type of Disputes Dealt With
Languages
Primarily insurance disputes
English
Fee Structure
Volume of Cases/Settlement Rates
US$150 per party on settlement
No information provided.
Comments
Settlement Online began as a pilot project of Safeco Insurance Company. A
press release on the site announces that Settlement Online has formed a
strategic alliance with Cybersettle and redirects to the Cybersettle site.
Name of Provider
Other names
SettleOnline
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
No
Resolution Systems, a provider of
traditional ADR
ADR Services
Automated Negotiation
Communication Method
Case filing, web page, email
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Financial disputes
English, Spanish
Fee Structure
Volume of Cases/Settlement Rates
No filing fee. US$75-US$200 on
settlement
As of October 2001, 2000 cases had
been filed.
71
Comments
All inquiries are now automatically routed to the Cybersettle site.
Traditional mediation and arbitration were available if automated negotiation
did not reach settlement.
Name of Provider
Other names
SettleSmart
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
No
Settle Smart, Inc.
ADR Services
Automated Negotiation
Communication Method
Online filing, web page
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
All financial disputes, especially
insurance disputes
English
Fee Structure
Volume of Cases/Settlement Rates
US$20 filing fee, US$50 fee if other
party becomes involved, US$80
settlement fee. The total fee is $225
for cases >US$20,000
Comments
Unusually for an automated negotiation program, non-monetary terms could
be included in the settlement as "additional settlement criteria" (Schultz et al
2001).
Name of Provider
SettleTheCase
Other names
Location
Settlethecase.com
U.S.A.
Year Established
Still Operating
Owners/Funders
2001
Yes
Private venture
ADR Services
Negotiation Support
Communication Method
Web page
Privacy/Security Measures
Any Technical Notes
SSL secure site
Type of Disputes Dealt With
Languages
All disputes
English
Fee Structure
Volume of Cases/Settlement Rates
No information provided
No information provided
Comments
The site does not appear to have been updated since 2001. SettleTheCase is
interested in forming partnerships with ADR professionals to promote its
service.
Name of Provider
Other names
Location
SmartSettle
One Accord
Canada
Year Established
Still Operating
Owners/Funders
1999
Yes
ICAN Systems, President Ernest
Thiessen
72
ADR Services
Facilitated Negotiation, Negotiation Support
Communication Method
Computer graphical user interface, telephone, face-to-face
Privacy/Security Measures
Any Technical Notes
Secure site. Privacy policy
Type of Disputes Dealt With
Languages
Complex high value disputes
English
Fee Structure
Volume of Cases/Settlement Rates
License fees on application.
Over 80% settlement rates with real
Facilitation and success fees depend cases
on case complexity
Comments
Beautifully designed site with optional non-Flash version. Online demo is
informative. Process goes beyond negotiation in offering various quantitative
and qualitative analysis tools.
Parties can use a single facilitator to help them prepare and guide them
through the negotiation process or each have a private facilitator. A new
feature in 2004 is the ability to receive notification of charges by SMS or
email.
Name of Provider
Other names
Sopra Mediation
Location
Germany
Year Established
Still Operating
Owners/Funders
Approx 2003
Yes
SOPRA (Soziale Praxis fur Beratung,
Schulung und Therapie)
ADR Services
Mediation
Communication Method
Online mediation is offered as a service but it is not specified how it takes
place.
Privacy/Security Measures
Any Technical Notes
No information provided
Type of Disputes Dealt With
Languages
Workplace, family and
organisational disputes
German
Fee Structure
Volume of Cases/Settlement Rates
No information provided
No information provided
Comments
Sopra Mediation also offers training, coaching and therapy services
Name of Provider
Other names
Square Trade
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
2000
Yes
Private venture
ADR Services
Facilitated Negotiation (“self-service”), Mediation, Case Appraisal
Communication Method
Online filing, web page, email
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Online disputes (originally eBay
English. Has conducted mediation in
73
only), real estate disputes, other
offline disputes
German, Spanish and other languages
Fee Structure
Volume of Cases/Settlement Rates
There are various user fees
depending on which "marketplace"
the dispute has originated in.
The Square Trade seal is $7.50 per
month, with a 30 day free offer.
Originally fees were annual ranging
from US$100 per year for revenue
<$50,000 to $6,400 for >US$1 bn.
Over 1.5 million disputes handled
between February 2000 and June 2004.
Currently handling over 80,000 new
disputes per month and over 400
requests for mediation per day
Comments
Neutrals must abide by ethical standards adapted from the Ethical Standards
set forth by the Society for Professionals in Dispute Resolution (SPIDR) (now
Association for Conflict Resolution). Square Trade also lists standards of
practice. Square Trade is broadening its application to eBay, Yahoo!, Google
and Californian Association of Realtors disputes.
Name of Provider
Other names
SwiftCourt
Location
India
Year Established
Still Operating
Owners/Funders
Approx 2003
No
EOL India, part of private company
EOL with offices in Boston, Colorado
and Bangalore
ADR Services
Litigation (arbitration)
Communication Method
Secure web-page
Privacy/Security Measures
Any Technical Notes
Unknown
Type of Disputes Dealt With
Languages
Any disputes
Unknown. EOL site in English
Fee Structure
Volume of Cases/Settlement Rates
Unknown
No information
Comments
EOL provides Employee Online, a comprehensive human resources
administration system. SwiftCourt was an initiative of EOL’s Indian office.
Duration Inc, a New Jersey company, also lists SwiftCourt as a product to
be launched. It may be that it was developed in partnership or has been
acquired.
Name of Provider
Other names
The Claim Room
The Mediation Room, U.K.
The Negotiation Room,
The Solicitors Room
Location
Year Established
Still Operating
Owners/Funders
2001
Yes
Solicitor Graham Ross along with legal
academics and QCs
ADR Services
Automated Negotiation, Arbitration, Mediation
Communication Method
Blind bidding, web page, chat, caucusing. In 2004 a live voice conferencing
facility was added within The Mediation Room
74
Privacy/Security Measures
Any Technical Notes
Secure site (128 bit SSL)
Type of Disputes Dealt With
Languages
All disputes, including non-monetary English
issues
Fee Structure
Volume of Cases/Settlement Rates
£1,500 per year subscription
No information provided
£3,750 per year for fully badged site
under license
Automated negotiation: introductory
offer of £500 for 25 cases
Comments
A well-designed site making excellent use of Flash technology.
Individuals can use the service and firms can become members and process
group claims. Software can also be licensed by groups to create their own
badged sites.Services cater for multi-party disputes with unlimited parties
being able to be involved. Caucusing is possible in all services.
Other non-ADR services include The Conveyancing Room, the Solicitors
Room and the Advice Agency Room.The ADR Group, one of the largest
providers of face-to-face ADR in the UK, used The Claim Room software to
run a demonstration mediation during Cyberweek 2003.
The Claim Room works in association with the UK’s leading disability rights
network, Disability Alliance, running “The Solicitors Room” for a panel of over
130 solicitors as a virtual office to act for disabled clients.
Name of Provider
Other names
The Hearing Room
Location
Australia
Year Established
Still Operating
Owners/Funders
2000
No
Auscript Pty Ltd, Counsel's Chambers
Limited
ADR Services
Arbitration
Communication Method
Online filing, web page, document management, email, telephone, fax,
videoconferencing, real time transcripts, video stream, chat
Privacy/Security Measures
Any Technical Notes
Digital security
Type of Disputes Dealt With
Languages
Commercial, litigious disputes
No information. Publicity in English
Fee Structure
Volume of Cases/Settlement Rates
$1320 per day for basic services
Unknown
Comments
It is not clear how long this "virtual arbitration room" operated for after its
launch. No information is now available on the internet and the Hearing Room
site is not functioning. One of the venture partners, Auscript, has been taken
over by Voice IQ Inc. since this time. This initiative received substantial
publicity, including a high profile launch by the Chief Justice of NSW and a
number of articles in computer and technical journals.
Name of Provider
Other names
The Virtual Magistrate
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
May 1996,
relaunched 2000
Yes
Chicago-Kent College of Law, Illinois
Institute of Technology sponsored by the
National Centre for Automated
75
Information Research (NCAIR), the
American Arbitration Association and
the Cyberspace Law Institute
ADR Services
Case Appraisal
Communication Method
Online filing, email
Privacy/Security Measures
Any Technical Notes
Decisions are published on the site
Type of Disputes Dealt With
Languages
Online disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Free
One case between 1996 and 2000.
No information available since relaunch
Comments
The Virtual Magistrate handled the first ever online case in 1996. Its
"arbitrations" are not binding. Procedural rules are provided on the site.
Name of Provider
Other names
Location
Thuiswinkel.org
Home Shopping
Netherlands
Year Established
Still Operating
Owners/Funders
Approx 2003
Yes
Foundation for Consumer Complaints
Boards (Stichting
Geshillencommissies voor
Consumentenzahen SGC)
ADR Services
Complaint handling (conciliation)
Communication Method
Online filing, communication
Privacy/Security Measures
Any Technical Notes
Unknown
Type of Disputes Dealt With
Languages
Consumer disputes, especially
online
Dutch. No information provided in
English
Fee Structure
Volume of Cases/Settlement Rates
Unknown
No information provided
Comments
Most dispute resolution services are provided offline with the main service
online being filing. There are plans to extend the scheme to provide more
services online.
Name of Provider
Other names
Location
TRUSTe
WatchDog
U.S.A.
Year Established
Still Operating
Owners/Funders
1997
Yes
Non-profit initiative
ADR Services
Complaint handling
Communication Method
Online filing, email, teleconference
Privacy/Security Measures
Any Technical Notes
Confidentiality policy
Type of Disputes Dealt With
Languages
Online privacy disputes
English
76
Fee Structure
Volume of Cases/Settlement Rates
No cost for consumer complaints.
License to use the TRUSTe seal
costs between $US599 to $12,999
for a single brand, depending on
revenue. Up to 300 brands can be
covered for US$75,000
Thousands of complaints have been
handled as of March 2003
Comments
Complaint handling is provided for disputes involving businesses that are
licensed by the TRUSTe trustmark. The Network Advertising Initiative has
engaged TRUSTe to provide online ADR for consumers. It also offers a EU
Safe Harbour and Children's Privacy Seal.
TRUSTe has received stinging criticism for lack of disclosure and violating
consumer privacy in its own website (Gellman 2000a). These have been
rectified. The web site is easy to understand and procedures are clear.
Name of Provider
Other names
TrustEnforce
Location
South Africa
Year Established
Still Operating
Owners/Funders
Approx 2002
Yes
TrustEnforce Pty Ltd, a private
company
ADR Services
Small Claims Handling, Mediation, Arbitration
Communication Method
Webpage
Privacy/Security Measures
Any Technical Notes
Thawte secure site. Privacy policy
Type of Disputes Dealt With
Languages
Any disputes, South African or
international
English
Fee Structure
Volume of Cases/Settlement Rates
Mediation at R1000 per 200 hours.
Arbitration at R1500 or percentage
of the amount in dispute. Web seal
includes free mediation subject to
negotiation
No information provided
Comments
Subscribers can subscribe by agreeing to adhere to TrustEnforce standards
and follow ODR procedures. Mediation subscribers also agree to make the
mediation process free to their customers.
Name of Provider
Other names
Location
USSettle.com
US Settlement Corp.
U.S.A.
Year Established
Still Operating
Owners/Funders
1999
No
Private venture by retired judge,
arbitrator and mediator
ADR Services
Automated Negotiation
Communication Method
Online filing, web page
Privacy/Security Measures
Any Technical Notes
Passwords, site encryption
77
Type of Disputes Dealt With
Languages
Financial disputes
English
Fee Structure
Volume of Cases/Settlement Rates
US$250 on settlement
The number of cases to date is not
available on the site. However the site
had handled approximately 20 medical
malpractice claims as of November
2001.
Success rates are advertised as
between 40-50%.
Comments
The site was associated with eAttorney.com for clients who are looking for
legal advice. Traditional mediation services were offered if no settlement
reached.
Name of Provider
Other names
Location
WebAssured
AdDResS
U.S.A.
Year Established
Still Operating
Owners/Funders
Approx 2001
Yes
Private venture
ADR Services
Complaint Handling, Arbitration
Communication Method
Online filing, email, web page
Privacy/Security Measures
Any Technical Notes
Results of specific complaints are
publicised on the site
Type of Disputes Dealt With
Languages
All commercial disputes
English
Fee Structure
Volume of Cases/Settlement Rates
Trustmark holders pay US$180 per
year upwards depending on their
revenue. Complaint filing is free.
WebAssured publicises success rates of
over 95% in getting complaints against
WebAssured member firms resolved,
and 76% against non-members. Over
80% of resolved within 48 hours.
Comments
WebAssured offers a trustmark and insurance program including a dispute
resolution service. Complaints can be filed even against non-member
companies.The positives and negatives of this service are well outlined in
Consumers International 2001.
Name of Provider
Other names
WEBdispute
Location
U.S.A.
Year Established
Still Operating
Owners/Funders
March 2000
No
Private venture
ADR Services
Arbitration
Communication Method
Case filing, email
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Online commercial disputes,
consumer disputes
English
78
Fee Structure
Volume of Cases/Settlement Rates
Filing fee from US$50 (<US$500 in No information provided
dispute) to US$300 (>US$10,000)
Arbitration fee from US$50-US$300
Comments
The site was being reconstructed in 2003. It appears to be no longer
available.
Name of Provider
Other names
Location
WebMediate
Websettlement,
Webmediation,
Webarbitration
U.S.A.
Year Established
Still Operating
Owners/Funders
2000
Yes
Private venture
ADR Services
Automated Negotiation, Mediation, Arbitration
Communication Method
Online filing, web page, threaded discussion
Privacy/Security Measures
Any Technical Notes
Secure "Resolution Forums."
Confidentiality policy
Type of Disputes Dealt With
Languages
Insurance claims and business-tobusiness disputes
English
Fee Structure
Volume of Cases/Settlement Rates
US$30 filing
No information provided
Automated Negotiation: 5% of
settlement <$5,000, $100 max
2% of settlement >$5,000, $400 max
divided equally between the parties
Mediation/Arbitration: US$250/hour
Comments
WebMediate can provide feedback on an aggregate basis to enable ecommerce sites and insurance providers to identify major sources of
customer conflict. If desired, WebMediate can refer to potential mediators or
arbitrators around the U.S.A. WebMediate is a winner of the LycosLabs
Business Competition.
Name of Provider
Other names
Location
Web Trader
Webtrader,
Which ? Webtrader
Netherlands,
Belgium, Italy,
France, Spain,
Portugal, U.K,
Germany
Year Established
Still Operating
Owners/Funders
Approx 1999
No
Eight European consumer organisations
ADR Services
Complaint Handling
Communication Method
Online filing, web page, email
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Online consumer disputes
English, Dutch, French, Italian, Spanish,
79
Portugese, German
Fee Structure
Volume of Cases/Settlement Rates
Free for consumers to make
complaints. Free for e-commerce
companies to join. Originally funded
by the European Commission.
Varies according to the country
involved. The UK site reports that over
3.5 years it accepted more than 2,700
online traders from more than 8,000
applications and resolved more than
2,000 disputes on behalf of consumers
Comments
A European scheme where e-commerce companies can use a trustmark if
they comply with a code of conduct, including online ADR rules. Complaint
handling is offered by the member consumer organisations. The
Which?WebTrader scheme is now closed.
Name of Provider
Other names
WeCanSettle
Location
U.K.
Year Established
Still Operating
Owners/Funders
2000
Yes
Irvings, a personal injury law firm
ADR Services
Automated Negotiation
Communication Method
Blind bidding, email, web page
Privacy/Security Measures
Any Technical Notes
Secure web page; digital certificate;
privacy policy
Type of Disputes Dealt With
Languages
Financial disputes
English
Fee Structure
Volume of Cases/Settlement Rates
From £25 per party <£1,000 up to
£150 per party >£10,000
No information provided
Comments
Attractive site with option for non-Flash version. Not updated since 2001.
Name of Provider
Other names
Word&Bond
Location
U.K.
Year Established
Still Operating
Owners/Funders
2001
Yes
Private venture
ADR Services
Arbitration, Case Appraisal
Communication Method
Online filing, web page
Privacy/Security Measures
Any Technical Notes
Type of Disputes Dealt With
Languages
Online consumer disputes, business English
to business disputes
Fee Structure
Volume of Cases/Settlement Rates
Fee payable by consumers making a Confidentiality requirements preclude
complaint (amounts not listed).
releasing settlement details. 100%
€15 handling fee applies.
success rate in settlement.
Trustmark holders pay a license fee
between €350-€13000 plus €250€400 per arbitration.
80
Comments
Word&Bond web site is a little difficult to navigate. Information about
consumer fees could be clearer.
Name of Provider
Other names
Location
World Intellectual Property
Organisation Arbitration and
Mediation Center
WIPO Online Dispute
Resolution
Switzerland
Year Established
Still Operating
Owners/Funders
1999
Yes
World Intellectual Property Organisation
ADR Services
Arbitration, Mediation
Communication Method
Online filing (mail and fax)
Privacy/Security Measures
Any Technical Notes
Decisions published on site
Type of Disputes Dealt With
Languages
Domain name disputes, intellectual
property contracts
English, French, Spanish
Fee Structure
Volume of Cases/Settlement Rates
Between US$1,500 for a onemember panel for a single domain
name to US$5,000 for a threemember panel for 10 domain names
Has administered more than 6,000
UDRP cases involving more than
10,000 domain names. Also handled 17
requests for arbitration and 26 requests
for mediation, most during 2003-2004.
Comments
One of the five approved dispute resolution service providers for domain
name disputes under the Uniform Domain Name Dispute Resolution Policy
(UDRP) adopted by the Internet Corporation for Assigned Names and
Number (ICANN) in 1999.
81