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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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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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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 →

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Diamond Princess. By now, the name is almost synonymous with corona. Diamond Princess is the ship where the coronavirus affected some seven hundred passengers out of about four thousand people on board. While the Diamond Princess crisis was ongoing, a first lawsuit was served against Princess Cruise Lines, the operator of the Diamond Princess. The suit was filed by an American couple who boarded another Princess ship in San Francisco. The plaintiffs claimed that they were held onboard because of a virus scare, disembarking a few days later in Oakland, California. They also claimed that Princess Lines neglected their health after the Diamond Princess contamination,Read More →

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As China slowly sends people back to work in an effort to reboot its economy, the government is advising dispute resolution organizations across the country to bolster their online dispute resolution efforts as it anticipates an increase in domestic disputes emerging from the coronavirus pandemic. The Ministry of Justice issued a guideline on March 3 calling for the accelerated development of China’s “internet arbitration systems.” The guideline emphasizes the importance of online dispute resolution, or ODR, for achieving its goal of getting the economy back on track while still maintaining control over the spread of COVID-19. China’s economy ground to a halt beginning in January as the world watched the coronavirus outbreak spread from WuhanRead More →