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The New Handshake
Where we are now -- What consumers want -- Lessons learned on ebay -- The business case for resolutions -- Bringing consumer advocacy online -- Ethical considerations -- Envisioning a global redress system -- The design: newhandshake.org -- How it could succeed and how it could fail -- Case studies -- What's next -- Conclusion
Resolving Disputes
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teacher...
Arbitration
Arbitration: Practice, Policy, and Law provides students with a practice-based approach that helps them apply legal concepts under the Federal Arbitration Act and other laws, and better identify the value of arbitration practice and procedures. This casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive attention to prominent developments in the field and access to video interviews of 100 arbitrators and leading arbitration scholars. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. It includes all the ...
Dangers of Digitizing Due Process
Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes use of technology and computer-mediated-communication (CMC) in negotiation, mediation, arbitration and other dispute resolution processes. At the same time, courts are now moving processes online and using technologies such as predictive analytics and artificial intelligence (AI) for setting bail and other judicial tasks. Furthermore, such e-court and other judicial uses of technology are flourishing due to their proclivity for furthering austerity goals while expanding access to remedies. Nonetheless, there is danger that the rush to digitization will ignore due process and transparency in the name of efficiency. Accordingly, this paper will provide brief background on the growth of e-courts and raise concerns for policymakers to consider for the preservation of fairness in public dispute resolution.
The New Handshake
The New Handshake focuses on resolving disputes arising from online transactions. This groundbreaking book proposes a design to provide fast and fair resolutions for low-dollar claims, such as those in most B2C transactions. This revolutionary system is designed to operate independently of the courts, thereby eliminating procedural complexities and choice of law concerns. It can be integrated directly into the websites and provides consumers with free access to remedies.
Lessons Learned on Ebay
Talking in the abstract about the challenges and expectations of modern consumers can only go so far. The new kinds of redress and consumer protection programs that undergird THE NEW HANDSHAKE (ODR mechanism proposed by Amy J. Schmitz and Colin Rule in their book by that name) have already been launched, scaled, and tested by the big Internet intermediaries. The best example is the ODR process developed for the global eBay marketplace. The lessons learned from eBay's experiences are helpful in understanding the evolution taking place in global consumer protection. This draft Chapter from the book, THE NEW HANDSHAKE, will address these lessons.
The Arbitration Conversation
Arbitration, a cornerstone of dispute resolution, has witnessed a profound transformation in recent years, impacting all sectors. Businesses have embraced arbitration for its privacy, speed, and the expertise it offers in resolving intricate disputes. The Arbitration Conversation underscores the significance of arbitration, especially in contexts where specialist arbitrators are needed, or business secrets must be safeguarded. It delves into the nuances of arbitration for international parties seeking neutral forums, underpinned by the New York Convention's enforceable awards. It also notes the benefits and pitfalls of arbitration in more controversial areas like business-to-consumer and emp...
Online Dispute Resolution
This book provides a state-of-the-art overview and assessment of the status quo and future of the Online Dispute Resolution (ODR) field. International, comparative, and interdisciplinary approaches have been utilized. Written by leading ODR scholars, the first part of the book includes an in-depth assessment of ODR, its applications, and its future in a comparative and analytical context. The second section offers a regional oriented approach, where the prospects, challenges, and success of ODR - and its applications in the North America, Latin America, Africa, Australia, Europe, and Asia - are mapped and fully addressed. The book is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field.
Resolving a New Kind of Trade War Through ODR.
This chapter, Resolving a New Kind of Trade War Through ODR, describes the development of "smart contracts" and the challenges in resolving disputes about them. It explains the need for good dispute system design to be built into smart contracts. This is published as part of John Lande's new book, THEORIES OF CHANGE FOR THE DISPUTE RESOLUTION MOVEMENT: ACTIONABLE IDEAS TO REVITALIZE OUR MOVEMENT (John Lande, ed., 2020. Available at SSRN: https://ssrn.com/abstract=3533324.
Resolving Disputes
Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedur...
