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This paper will explain some of the advantages and disadvantages to the ODR scheme.
One of the advantages of ODR over other dispute resolving methods, such as face-to-face arbitration, mediation and litigation is the cost factor.2 This factor is especially important, as many of the cyber disputes involve small dollar amounts. Many online problems would never be resolved if it were not for cost-saving. Inherent in this analysis is that the parties involved in the dispute do not have to hire attorneys, nor do they have to travel, which can add up to considerable costs in traditional dispute resolutions.3
Therefore, ODR has a great social implication, in that it ensures that everybody in the on-line world has access to justice. The prohibitive expense of litigation is a hindrance to this basic principal, because individuals without financial means cannot afford traditional litigation. But in the wonderful proletariat world of on-line dispute resolution, everybody has a fair shot in getting their disputes resolved, as the costs are minimal and attorneys are not necessary. It might be the great equalizer.
Two different entities exemplify the cost-benefit analysis examined above: one is the WIPO Arbitration and Mediation Center, which is the dominant dispute resolution service provider with the Internet Corporation for Assigned Names and Number (ICANN) under its Uniform Domain Name Dispute Resolution Policy (UDRP).4 This entity is basically the go-to service for individuals with a domain name dispute, and has resolved some 9,000 such disputes since its inception in 1999. The other method examined is the SquareTrade, which is an ODR method that predominantly assists buyers and sellers on Ebay.5
In the ICANN and UDRP systems, a complaint by a trademark holder is deemed served upon the holder of the domain name if it is sent to his registered e-mail address. If the holder of the domain name
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the reforms of Lord Woolf were brought into force pursuant to his final report in 1996 on Access to Justice. He says that it is because of stifling of the litigants’ freedom by the new requirement of putting up of all the evidences relied on by them upfront before the commencement of trial under the pretext of saving time and cost to the government in conducting trials.
Workplace Mediations in Cyberspace. Cyberspace appears to be well suited to allow disputing parties without having to use formal laws or legal mechanism. Internet allows the disputing parties to have direct links when communicating to resolve conflicts. This is a privilege that is available to anyone.
Dispute Resolution Process Paper Student’s Name, I.D. Name of the University Dispute Resolution Process Paper Introduction to the Dispute Resolution Process of My Organization The organization I have selected for this paper is a modern setup as a whole where each and every employee is important on an individual basis.
Due to the increasing use of the Internet worldwide, the number of disputes arising from the Internet commerce is forever on the rise. Numerous websites have been established in order to attempt at resolving or at least partially solving this dilemma; as well as to facilitate the resolution of disputes that occurs offline.
It is a less formal and often more consensual way to resolve the dispute than is done in the courts. ADR is not come into the government judicial process. In some last years Alternative dispute resolution has obtained extensive popularity among both the general public and the legal profession.
In its paragraph 6, the verdict makes observation of the fact that many believe that the advantages of mediation or of ADR have not yet been sufficiently demonstrated.1
Although not exactly the same, ADR and mediation are interchangeably understood as synonymous.
which is an important step since parties participating in mediation proceedings may have different views and expectations in relation to the process itself and the mediator’s role.1 Mediators are supposed to be neutral and impartial, however Gilligan has identified core
According to the report dissimilarity of legal systems of two countries makes it difficult to resolve disputes. In spite of several works of international agencies, unification of laws of different countries is yet to be achieved. Alternative dispute resolution methods are resorted to for commercial disputes between parties belonging to different countries.