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A group of mediators has established a non-affiliated website to promote a pledge by mediators to do all they can to ensure that their mediation practices are as carbon-neutral as possible. The World Mediators Alliance on Climate Change (WOMACC) Green Pledge can be adopted by any individual mediator. They are also asking prominent mediation bodies to support and promote the Pledge and encourage their members to sign up to it. The Pledge can be found here. The website at that link presents the pledge for individual mediators to consider signing, though they are looking for organizational supporters and sponsors as well. They’ve also asked forRead More →

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Despite the fact that video conferencing is a very small part of Online Dispute Resolution (ODR) and how best to mediate online, Fat Larry’s 1980s hit seems to have been taken to heart by mediators who, anxious not to delay mediations due to the Covid-19 lockdown, have, after “just one look” fallen rapidly in love with the Zoom video conferencing platform. Just as falling in love on first looks can often deceive, there are security issues with Zoom that may compromise the mediator’s professional duties of confidentiality and his or her privacy policy. A very detailed independent examination of the platform by a technology researchRead More →

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ODR history was made this week when a court case, issued in the new Online Civil Money Claims Court for England and Wales, was resolved by use of an online tool that enabled the parties to participate in an advanced version of blind bidding. After 3 months in the court process, including an unsuccessful telephone mediation, the parties were able to settle the dispute (over unpaid fees for a counselling course) within an hour of first use of the blind bidding tool. The tool used was SmartsettleONE developed by ICan Systems Inc of British Columbia and was introduced to the parties by leading ODR expert,Read More →

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“I see contemporary patterns of disputing as an adaptive (but not necessarily optimal) response to a set of changing conditions. There have been great changes in the social production of injuries as a result of, among other things, the increased power and range of injury-producing machinery and substances. There has been a great increase in social knowledge about the causation of injuries and of technologies for preventing them; there has been a wide dissemination of awareness of this knowledge to an increasingly educated public.” Marc Galanter, “Reading the Landscape of Disputes: What we know and don’t know (and think we know) about our allegedly contentiousRead More →

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We already have the means to solve the Covid-19 legal logjam Georgia’s legal community faces a situation described by the Chief Justice of our Supreme Court as “unprecedented in the history of the state.” In response to Covid-19, Chief Justice Harold Melton issued a Judicial Emergency that shut down most of the court system on March 14th—a decision he has re-instituted in some form every 30 days for the past five months. If current trends continue, with Georgia just last week reporting the highest rate of new Covid-19 cases in the country, it is highly likely that Chief Justice Melton will have to extend theRead More →

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Addressing some key Access to Justice Principals in a unique way Over the years we have worked with many different dispute resolution organisations and professionals on exploring different techniques and paths for resolving disputes more effectively while also seeking to increase access to justice at the same time. One of the most interesting discoveries came from the use of recorded messages during cases. While we have had the record video message and record audio message tools in our platform for some time, we are continually surprised and pleased with the different use cases and applications our users are coming up with. We have seen simpleRead More →

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There are a variety of tools that can be used together in harmony for optimal end-to-end online dispute resolution. There are many different issues that can affect participants in your cases. Disputes can be mentally, emotionally and financially draining and distressing. Providing the most efficient, effective, convenient and fair process for resolving a dispute can take different forms and approaches. With thousands of cases successfully resolved online through our platform we have the advantage of being able to analyse the data and feedback from practitioners and participants. This valuable information allows us to gain powerful insights into what works, what doesn’t and what can beRead More →

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How good are Space Calls for dispute resolution? Is it the best solution in the world? We designed Space Calls to be the perfect video call solution for dispute resolution processes. Are Space Calls better suited to dispute resolution then other options such as Zoom’s breakout room functionality? In partnership with hundreds of advisors from the dispute resolution industry, and the analysis of data from thousands of cases processed through our platform, we have developed what we believe is the best solution in the world for video call functionality within dispute resolution processes. We call this functionality Space Calls. It allows you to seamlessly moveRead More →

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Former eBay and PayPal Exec to Focus on Global Expansion and Online Dispute Resolution EUGENE, OR, June 9, 2020—Mediate.com announced today that Colin Rule has been named President and Chief Executive Officer. Jim Melamed, the company’s co-founder and CEO for 25 years, is now chair of the board and general counsel. Rule returns to Mediate.com where he served as General Manager in 1999. Rule spun his company OnlineResolution out of Mediate.com in 2000, creating one of the world’s first ODR providers. In 2003, Rule became the first director of ODR for eBay and PayPal. In 2011, he co-founded Modria.com, where he was CEO and COO.Read More →

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Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 File number: NSD 724 of 2016 Judge: PERRAM J Date of judgment: 15 April 2020 Catchwords: PRACTICE AND PROCEDURE – application by Respondent for adjournment of trial – where virtual trial proposed in circumstances of COVID-19 pandemic – where virtual trial submitted adversely to impact conduct, length and expense of trial – consideration of relevant principles Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 47CPublic Health (COVID-19 Restrictions on Gathering and Movement) Amendment Order 2020 (NSW)Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 (NSW)Public Health Act 2010 (NSW) ss 7, 10Public Health and Wellbeing Act 2008 (Vic) ss 199, 203Stay at Home Directions (No 3) (Vic) Cases cited: CampaignRead More →