Jillianne Santos, Author at ODR Guide https://odrguide.com/author/jilyannn-santos/ The ultimate Guide for Online Dispute Resolution Tue, 28 Dec 2021 17:23:56 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 What You Need To Know About Small Claims Courts in UK and Canada https://odrguide.com/what-you-need-to-know-about-small-claims-courts-in-uk-and-canada/ Fri, 06 Aug 2021 18:37:13 +0000 https://odrguide.com/?p=1347 Nowadays, courts are becoming more and more specialized to cater to particular cases and budgets. One of the possible courts to consider is the small claims court! If you have

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When you encounter legal problems, how do you deal with them? Do you go out of your way and sue the other party immediately?

Nowadays, courts are becoming more and more specialized to cater to particular cases and budgets. One of the possible courts to consider is the small claims court! If you have claims with relatively less value and if your budget is not enough for a full filing on the court of justice, then you might want to check this out.

One would ask, what is the limit for Canada claims court? The limit for small courts in Canada is $ 35,000. What are expected small court claims costs in Canada? The expected small claims court in Canada costs are $601.

This article will talk about small claims courts in UK and Canada. The cost consists of several fees, and we will discuss these in detail later. Moreover, the estimated time to resolve cases in small claims court in the UK and Canada can take up to six weeks if hearings are required.

Since taking your disputes to court is no simple matter, this article will also equip you with important considerations to know! So, it would be best to read on and learn more about small claims courts.

You may be interested to read more about Small Claims Court in the USA: Facts You Need To Know Before Filing and Canada’s First ODR: The CRT and Its evolution and Online Dispute Resolution and Blockchain Technology: What Do We Know?,

Small Claims Court In UK And Canada: An Overview

Small claims courts are a separate branch of the Superior Court of Justice. The Superior Court of Justice is considered the busiest and largest trial court that functions in Canada. They deal with all sorts of cases such as administrative, criminal, and family trials.

The small claims court, in contrast, mainly handles civil or private disputes that involve matters with a relatively low value. Monetary issues of up to $35,000 are the limit value that this court can take.

The main principle of a small claims court is providing an efficient and cost-effective way to cater to their citizens’ minor claims disputes. Moreover, cutting down the cost for its clients and resolving the conflict with less time is highly encouraged in these courts. In Canada, the procedures are outlined in their Rules of the Small Claims Court guide. (Source)

Despite a different location, small claims courts that preside in Canada run with virtually the same protocols and concerns with such courts in the UK since these two areas have close rules and relationships with each other.

Steps in Suing Someone in a Small Claims Court In Canada

What are the expected steps to follow for suing someone in a small claims court? You need to be familiar with the step-by-step process to know if you can commit to the case. Moreover, knowing the steps can help you know if the small claims court is fit for you.

First, of course, think about it well. Are you really sure that you want to sue someone in a court setting? Are there possible alternatives that are more efficient and less expensive? Remember, small claims courts are not the only way to settle matters with another party. (Source)

Also, a resolution to a case is sometimes monetary payment from the sued party. If the other party cannot pay, you will have an additional burden on your end.

If you have decided to push through, you have to submit paperwork to file the claim, send the claim to the other party involved, and pay the computed fees. You might have to wait for the court to manage the paperwork and respond. This is crucial because not all “small claims” are accepted in this court.

Once your filed case is approved, you and the other party will be asked to a settlement conference with a judge. The dispute may or may not be resolved at this point, depending on its complexity. If it is not decided, then the case will have to go through a trial.

Eventually, you will settle. If you win on the small claims court, the other party will pay you the demanded amount. On the other hand, if you don’t, you will have to shoulder all the court expenses. (Source)

Expected Cost

The factor that separates the small claims court from an actual justice trial is the filing cost and other fees involved. The expenses in a filing in Canada’s or UK’s small claims court varies. The court considers the length and complexity of the steps you take in filing and your frequency in filing a case. Here, filing ten or more times is deemed to be frequent.

If you are an infrequent claimant, your fees will involve $102 for filing, $89 for requesting default judgment, $290 for setting a trial date, and $120 for a notice of motion for an assessment.

StageCost ($)
filing102
Requesting default judgment 89
Setting a trial date290
Notice of motion for an assessment 120
Total Expected small claims costs in Canada601
Total expected costs in small claims court in Canada

In contrast, a frequent claimant will have to pay more than the amount necessary for an infrequent one.

Sometimes, additional fees might be needed if you need witnesses’ travel expenses or interpretation fees.

How Long Does It Take In The UK?

Small claims courts process and resolve cases less than the average time needed in an actual justice court. This is possible because the small claims court is specialized. Hence, several aspects of large-scale courts are not necessary here to resolve disputes.

According to the small claims court in UK, resolution might reach up to six weeks. This is because parties also need to find a common time to meet at the settlement conference. Do note that it can be shorter than this estimated time. (Source)

When Is a Claim Considered for Small Claims Court

Small claims courts have their advantages in terms of cost and time needed. However, the small claims court is not the only court available because they do not cater to all disputes that we encounter. The court can even reject your filed claim if they deem it unfit to be settled here.

You can use smaill claims court for Airbnb disputes!

So when can a small claims court be applicable for you?

The small claims court only accepts cases worth $35,000 or below. Anything worth above that will have a lesser chance of being accepted. You may file a lawsuit that involves relatively simple matters such as receiving faulty devices, poor services, unpaid finances from different parties, accidental damages, or landlord repair disputes. (Source)

Generally, disputes under money claims and claims for damages less than the stipulated amount are accepted in the small claims court.

Quick brief and details about UK small claims court:

YouTube Video

Things to Keep in Mind If You Want To File In a Small Claims Court in UK and Canada

Now that you know these details about the small claims court, it is also essential to arm yourself with other aspects. This will help you decide if the filing would be a good idea, knowing that it will take up your time and hard-earned money.

Going to a small claims court is not the first option to consider. In fact, it is the last. This is because of the risks that you will face. The court can even penalize you if you fail to provide substantial evidence. Moreover, the small claims court also expects you to settle the claim in another way before bringing it to court.

Availing mediation services might be the more reasonable option for you. In a small claims court trial, sometimes, you will be referred to mediation services. Most of the time, mediations are encouraged rather than availing small claims court services head-on. This way, both parties can settle their disputes with even lesser expense and time devoted.

As we noted earlier, the small claims court can reject your filed case. There is no guarantee that your specific problem will be accepted and processed by the court. Unfortunately, you might be even more inconvenienced if your claim is rejected here.

Keep in mind that a small claims court does not need lawyers! This is the central construct of this court. This is also the reason for significantly cutting its costs compared to more extensive court trials.

Lastly, ask yourself if your claim is genuine. Also, know if you can physically and financially afford to go through the unpredictable and tiring filing process. The financial aspect of filing in a small claims court is a huge aspect to think about. Sometimes, this hinders other people from filing and utilize other services like mediation.

If you deem that all the trouble that you will go through is worth it, then, by all means, proceed with your plans of filing.

In Conclusion

Small claims court is not a new thing in the UK and Canada. They have established rules and regulations that you need to know if you want to settle your disputes here. Significantly less time and cost are required here compared to larger state courts.

Although very useful and effective in certain disputes, keep in mind the risks that you can face. You may not always have the judge in your favor, especially if you lack evidence or preparation. Moreover, if you do win the case, the other party’s due payment to you is not guaranteed as well. The sued party might not have the capacity to pay you!

Knowing all these, you are now equipped with the information to help you understand if a small claims court is for you and if it would be worth it.

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Your Quick Guide to JAMS ADR Platform: Mediation, Arbitration, and Dispute Resolution Services https://odrguide.com/quick-guide-to-jams-adr-platform-mediation-arbitration-and-dispute-resolution-services/ Sat, 31 Jul 2021 09:59:31 +0000 https://odrguide.com/?p=1266 JAMS is an alternative dispute resolution platform. They are focused on resolving business and legal disputes. JAMS main focus is to provide customized services to clients who can utilize face-to-face,

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JAMS is an alternative dispute resolution platform. They are focused on resolving business and legal disputes.

JAMS main focus is to provide customized services to clients who can utilize face-to-face, virtual, or a combination of both services. JAMS state that their services are provided at a reasonable professional fee. Also, the estimated time to resolve a client’s matter depends on its complexity.

How much does JAMS fee cost? JAMS administrative fees start with $1,750 and increase to $3,000 if three or more parties are involved. In addition, a case management fee usually at 12% of the disputed amount, is assessed at the term of services. For consumer disputes, the fee is only $250.

To know more about JAMS’ alternative dispute resolution platform, please keep on reading. It is also interesting to know that some of JAMSadr’s big clients are UPWORK, Fiverr and Shein. You may find this article on winning disputes against Upwork helpful Upwork Resentment and disputes between you and Upwork. How to win a dispute against Upwork

Nowadays, we enjoy services that facilitate our daily activities. But with the increasing number of transactions that we do, there is also a greater likelihood of entering conflicts in them. What would you do if you encounter such problems?

Read more about ODR and other ODR platforms in All You Need To Know About The Mediation Room: The Future of Online Mediation and PayPal Dispute Resolution Center: How Does it Work and How much will it Cost You? and in What is ODR (Online Dispute Resolution)? What does ODR mean? and on other aspects such as the right to repair in The Right to Repair: Is It Illegal to Repair Your Own Phone?

What is the JAMS Arbitration Platform?

Do you want to settle some business or legal conflicts that you had? JAMS might offer the services that you are looking for! But before we talk about their services, let us understand what JAMS is.

JAMS stays true to their tagline, “We doesn’t just resolve disputes – we solve problems.” Since their platform was established in 1979, they continue to resolve clients’ disputes, and now, they are hailed as the world’s “largest private alternative dispute resolution provider.” (Source)

Furthermore, they have at least 200 associates, consisting of ADR system experts and experienced case managers, and 400 panelists with extensive practice in the legal field. Other than these, they also have specialized facilities and technology needed to maintain their services.

With all these, JAMS was able to handle 18,000 cases every year! These include various issues like personal injury mediations, complex ones, multi-party, and even multimillion-dollar cases. They offer their arbitrations both in the United States and worldwide.

The Origins of JAMS

JAMS is one of the available alternative dispute resolution platforms, and it is still adapting to the demands of their clients. They make sure to uphold their core values – neutrality, integrity, collegiality, collaboration, and diversity – to establish dedicated services to improve their services.

But how did JAMS begin its journey of being the dispute resolution aid that we see now?

They have innovated well over the previous 40 years. JAMs was founded in 1979 by Judge H. Warren Knight. He saw how many potential ADRs have as he witnessed the shortcomings of traditional arbitration of civil cases.

With these in mind, he developed the idea of providing services to alleviate lengthened case times and clogged courts.

The early start of JAMS was faced with doubts as they started to question if people would like to avail these kinds of services since the court offers these as well. But to their surprise, JAMS was eventually made clients accept the ADR field!

Now, JAMS provides fast, cost-effective, and convenient services with its team of panelists and experts. They continue to grow as they are dedicated to this industry.

How Do JAMS Work?

Since we now know how JAMS came about, you might be interested in learning the details on how they offer their services. JAMS uses clauses, rules, and procedures customized for clients so that they can enjoy the benefits of dispute resolution.

One of the main reasons for the sudden soar reputation of JAMS is the attractiveness of the services. They constructed their services in a way that clients can save their time and money. Moreover, procedural options available are proportional to the case per client.

Remote, in-person, and combinations of these are the platforms that JAMS offers. For the remote aspect, Zoom meetings are usually used. This way, you can work on your dispute resolution at the comfort of your homes!

Virtual options are not limited to Zoom meetings. JAMS also offers its platform – the Endispute. This virtual option is operated by CourtCall and can be used if the client does not prefer the Zoom platform.

What You Need To Know About JAMS’ Services

Generally, JAMS offers services under several broad categories.

Arbitration

We can encounter lots of disputes. Availing arbitration services is not unusual, especially now that we are in the world of booming businesses. With JAMS’ arbitration services, face-to-face, virtual, or hybrid arbitration can be offered to you!

JAMS and its arbitrators can give you practical and timely litigation in any of the previous platforms. Parties are faced with a neutral arbitrator. This way, both parties can utilize and process their problem in the most proper protocol and procedures.

Nowadays, we cannot deny that online arbitrations are more preferred given their convenience and flexibility. With JAMS’ arbitration services, parties can offer you flexible schedules!

Mediation

JAMS also offers mediation processes that are rigorously prepared, creative, and collaborative! They do not give mere sessions as mediations. They diligently have pre-mediation up to post-meditation process to aid their clients to come up with the best dispute resolution.

Neutral Analysis

The services under this category provide clients with fine-tuned arguments and options so that their clients have the correct mindset and expectations throughout the arbitration or mediation procedures.

The neutral analysis services provide clients with a case strategy supplied by experts from the JAMS. Expert opinions from the attorneys of JAMS can help clients gain confidence and develop a good plan in facing their conflicts and resolving them. (Source)

Solutions for Higher Education

Other than the previous services, JAMS also offer solutions for students, faculty, and administrations of college and universities. These institutions also have conflicts arising from them, and JAMS got them covered!

How Much Would These Cost You?

Since cases vary from client to client, the estimated time to resolve a claim was not stated by JAMS. But, JAMS always assures their clients of time-efficient management of their clients.

What we do know, though, are the rates that are offered by JAMS. They mentioned that they have professional fees and administrative fees.

The professional fee refers to the hourly rate of the arbitrators themselves. You may know their rates if you contact a case manager of JAMS.

On the other hand, administrative fees involve a filing fee is $1,750 for two-party issues. If issues involve three or more parties, the filing fee is $3000. This fee must be fully paid for the commencement of proceedings. After the services, a case management fee, which is 12%, will be assessed.

Consumers only need to pay $250 as per JAMS Policy on Consumer Arbitrations.

Other than these fees for the United States, the Internation services have prices as well.

Hint: Our worldwide map for arbitration costs can assist you in estimating your arbitration fees.

What Can You Expect: The Pros and Cons of JAMS

The services from the JAMS platform look promising. Moreover, their reputations stay despite all the years of operation.

The platform offers the benefits of efficient and good quality service. They remain true to their values of neutrality and flexibility. The arbitrators on JAMS are external to the case that they handle. Therefore, they maintain neutrality that offers fairness.

Moreover, their flexibility made them capable of adapting to their clients’ needs and schedules. This way, they can maintain their prestige by accommodating clients efficiently.

Despite all these, JAMS offers services on the more costly spectrum. Their fees are genuinely for commercial and business enterprises.

Moreover, an obvious disadvantage of JAMS is the need for adequate resources. Internet connection and gadgets are necessary if you plan to have virtual arbitration procedures.

In Conclusion

Eventually, JAMS showed that it could be an efficient, responsive, and professional arbitration and mediation platform. Currently there services are more suited towards more complex and expensive disputes. Therefore, for very small cases or projects, we would recommend including other options such as small claims courts.

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Small Claims Court in the USA: Facts You Need To Know Before Filing https://odrguide.com/small-claims-court-in-the-usa-facts-you-need-to-know-before-filing/ Fri, 30 Jul 2021 20:54:59 +0000 https://odrguide.com/?p=1306 There will always be a time when disputes will inevitably arise. The problem with this is that we do not know how big or small an issue will be for

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There will always be a time when disputes will inevitably arise. The problem with this is that we do not know how big or small an issue will be for us.

For this, several kinds of legal aid can help us. The most famous would be filing lawsuits in a state court. However, different cases warrant the utilization of other courts. Filing lawsuits in a state court is costly. If your case’s filing fee is more than what your case is worth, then there is another option for you.

The small claims court might be the choice for you. What is the small claims court? and When to use the small claims court? This court manages disputes like private ones, small debts, tenant disputes, or generally those that do not involve a massive amount of money.  Filing here costs significantly less than what a state court would cost you!

This article will tackle the essential details with small claims court in the USA. You might find also our article on right to repair interesting as it has a big effect on your rights. If you are curious or you happen to avail of their services, this article is right for you! If you are from Canada or the UK, please check out What You Need To Know About Small Claims Courts in UK and Canada

Lawsuits are inevitable since we do not have the best control over all the things that we encounter.

You might find yourself using online courts or heard about virtual courts, in that case, read more at USA’s Virtual Courts: Here’s What You Need to Know and What is the Difference Between Online Dispute Resolution and Virtual Courts?

What is a Small Claims Court?

As a citizen, it is your right to settle disputes that you would face legally. However, the legal and court field is very vast. It is very easy to be overwhelmed and feel lost. For now, let us talk about the small claims court.

Small claims courts have smaller jurisdiction compared to the state courts. Despite this, they still function to solve “small claims” and help clients manage their disputes at this court. In some countries, small claims courts are referred to as a county or a magistrate’s court.

You can say that a small claims court is somewhat a special type of court. They help clients resolve their disputes fast and with less pricey fees. One of the main differences between small claims courts is their formality. Generally, they are less formal, and attorneys are not in the hearings. (Source)

Filing or defending cases in small claims courts is not limited to the United States. These kinds of courts are also present in other countries such as Australia, England, Hongkong, Philippines, Singapore, and many more!

Estimated Cost and Length of Time in Filing Claims Here

Talking about how much and how long a small claims court can cost you is very important.

As previously mentioned, this kind of court provides inexpensive fees and manages disputes in a short amount of time! But around how much exactly are we talking about here?

The amount of the claim dictates the fee needed for filing a case on it in a small claims court. If your claims cost $1,500, the price is $30. For claims between$1,500 to $5,000, the fee is $50. Lastly, if it costs more than that, the filing fee is $75.

However, this varies from court to court and from client to client. Sometimes a filing fee may be imposed differently on clients that have previously filed multiple cases or otherwise stated by the court.

Are you short on time? Or are you an impatient person? Do not worry since the small claims court, on average, resolves cases within 30 to 40 days after filing a claim.

This estimate might change since case hearings on the small claims courts are only on weekends and operate during business hours. (Source)

What Kind of Disputes Can Be Resolved Here?

Since small claims courts are unique, not all kinds of legal problems can be brought here. The cost of the overall case is a factor that you should consider. Legal entities such as corporations, partnerships, or associations must have cases amounting to less than or equal to $5,000.

One of the powers of a small claims court is its ability to order a defendant to act on a dispute as long as claiming a certain amount of money is included in the filed lawsuit.

For example, if your filed dispute is the return of an appliance from your neighbor, the court can help you get back the appliance or have your neighbor pay for it.

Particular examples of disputes that you might be able to file in a small claims court are the following:

  • Disputes between a landlord who refused to return of security deposit
  • Car fenders who refuse to pay car repairs
  • Television warranty stores who refuse to address repairs or replacement of your recent purchase
  • Damage to your apartment caused by a tenant who refuses to pay
  • Fraudulent purchases of cars
  • Disputes between people who refuse to pay back debts
  • Failure to repay loans
  • Damaged clothing during cleaning or alteration
  • Personal injuries or dog bites.
  • Failure to meet contract terms
  • Evictions (depending on the state)
  • Libel or defamation
  • False arrest

Even though a small claims court has the term “small” in it, there are a lot of cases that you can file here! As long as you can adequately articulate your case in court, you can definitely get back what you needed in the first place.

Although these are a lot, experts have suggested that filing in small claims court is not always the way to go, even if your case falls under the previously mentioned instances. How can you know if the small claims court is the place for you?

Is Small Claims Court The Best For Your Disputes?

The small claims court may not always be your best choice, especially if other dispute resolution processes are available to help you. You might also want to know more about arbitration and mediation and compare if these will be better in resolving your legal problem.

Moreover, have an idea of how the law works. Do you think that the law works on your case? Small claims judges always work in the best interest of the law and interpret it to achieve a reasonable and fair resolution for both parties.

If you feel like the law might not be your best way to defend your problem, voluntary mediation can give you better and more favorable outcomes.

Since filing claims take time, you need to ensure that you can adequately give your time and effort so that your filed case can proceed and be resolved in a small claims court.

Even though only a small fee is required and the time to process and resolve an issue here is relatively fast, that does not mean that you do not have to watch over it! All the preparations, data gathering, meetings, and attending hearings are most likely in-person, and you need to allot your time for that.

Small claims courts are considered by some experts as a “last resort” in clients that want to have fair litigations. Why is this so? (Source)

An attorney has outlined essential questions to help you decide if filing in a small claims court:

  1. What is your injury?
  2. Will the money involved make an impact on making you whole again?
  3. Can you specifically have documents or bodies of evidence to prove the agreement or problem in question?

If you are confident with your answers to those questions, you have an excellent case to be filed, and filing them in a small claims court might be the best option for you.

Small Claims Court: What Should You Expect?

You cannot just waltz in a small claims court if you do not have an idea of what to expect!

First, the court and jury world have their own language. Therefore, there are some basic terminologies that you need to know about so that you can keep up with the conversations!

For instance, people that file a claim are referred to as plaintiffs. On the contrary, people who have a lawsuit filed against them is the defendant.

Moreover, laws are the backbone of producing the most appropriate jurisdiction. So, you need to know the most applicable laws on the case you are trying to file.

This is very important because if a law is not congruent with what you are trying to point to, the results might not favor you.

In addition, know what kinds of claims can be filed in your state’s small claims court. There are instances where different states accommodate different disputes. Some might offer this in this specific state but not provide it in another.

In Summary

As previously mentioned, disputes inevitably arise. The best way to deal with these is to arm yourself with knowledge on how to manage these. One of the courts that you might want to check out is the small claims court!

Now that you have seen most of the valuable information you need to know before walking into a small claims court and filing, you are now ready to face what’s next!

With a small claims court’s low filing fee, numerous handled cases, established reputation, and short processing time, you can definitely get the best out of your experience!

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All You Need To Know About The Mediation Room: The Future of Online Mediation https://odrguide.com/all-you-need-to-know-about-the-mediation-room-the-future-of-dispute-resolution/ Mon, 26 Jul 2021 06:40:53 +0000 https://odrguide.com/?p=1229 Mediation Room is a company based in the UK that facilitates online dispute resolution by focusing on interest-based mediation. This is done by considering all the interests a party has

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Mediation Room is a company based in the UK that facilitates online dispute resolution by focusing on interest-based mediation. This is done by considering all the interests a party has so the disputants decide by themselves to settle and it’s not the mediator pushing them to settlement.

The Mediation Room is an organization of online dispute resolution field that aims to bring all those under a virtual platform! They provide online mediation for several kinds of cases that you might encounter. Their services are accessible over the internet and hence there is no location barriers.

Disputes inevitably arise between different parties. Also, most of these continue to become a bigger problem because sometimes, people do not understand all the rules and rights that govern specific workspaces.

One of the most suggested ways to help you settle disputes, if you encounter one, is with the aid of a legitimate and knowledgeable person. Since we are now in the age of the internet, everything can be done online!

Hence, the Mediation Room is a product of this age by bringing mediation services into the virtual space! If you are curious about the Mediation Room, then this article is for you. We will explore the relevant information about them, what comprises this organization, and all the great details on it!

The mediation room is a virtual ODR platform

For information on other platforms such as JAMS, please read Your Quick Guide to JAMS ADR Platform: Mediation, Arbitration, and Dispute Resolution Services, Example of Online Mediation Provider- SmartSettle as an Online Mediation tool and How to Win Disputes on Alibaba: The Ultimate Guide

Hint: You might find yourself going against a company on this platform due to a violation of warranty terms for fixing your own stuff. Read more about it in The Right to Repair: Is It Illegal to Repair Your Own Phone?

What is The Mediation Room?

Innovating our daily lives for convenience is always the top priority in our society nowadays. Since the internet gave us the convenience of using services in the comfort of our homes, many activities are being available thru a virtual platform.

Have you heard of online dispute resolution platforms? These are places where problems between certain parties can be facilitated through negotiation, mediation, arbitration, or any combination of these. If you do not know what is online dispute resolution “ODR”, then please consider reading this first; What is ODR (Online Dispute Resolution)? What does ODR mean?

The Mediation Room is among the available online dispute resolution platforms steadily improving over the past years. There “robot mediator” is leading the dispute resolution world with its swift developments.

In a nutshell, the Mediation Room is an organization that prioritizes innovation on online dispute resolution. This is called the “robot mediator” because it uses artificial intelligence algorithms as its online tool. In effect, human mediators are switched with the algorithm.

For now, these services can settle disputes assigned to it within less than an hour!

Graham Ross is an expert in online dispute resolution and specializes in resolving problems between shareholders. He made novel techniques to compensate for some issues in traditional dispute resolution. With his skills, he was able to be a co-founder of several online dispute resolution services, including those that function within the Mediation Room.

The Mediation Room was launched by a former Chief Justice, Lord Woolf, at the Law Society. This is a place where various online platforms, services, and organizations were assessed. (Source)

How Does The Mediation Room Work?

The online dispute resolution services provided by the Mediation Room are constructed by expert panel mediators that underwent training. They aim to resolve disputes without unnecessary delay, stress, and hassle of going to court face-to-face.

Moreover, with technological intervention, their services could process cases with either online conduction of consultations or using the artificial intelligence algorithm to help mediators improve the overall process for their assigned cases.

The Mediation Room operates with two main pieces of software for their panels.

These software are Smartsettle and their own platform, the SeeYouOutOfCourt, which CREK-ODR powers.

Smartsettle is a system constructed to do “visual blind bidding.”

This way, parties can put out their disputes on the software. But, these cannot be seen by the other party in question. The rationale for such a design is for a more speedy resolution over a given amount of money put out.

Smartsettle also has a chatbox where parties can talk to one another. The mediator can also utilize this chatbox for discussion of some agreement, conditions, and the like.

This feature is convenient because communication can be done asynchronously at the most convenient time for the users.

This software was eventually developed into Smartsettle Infinity. Smartsettle Infinity is constructed for more complex problems where numerous parties and elements are involved in the settlement.

To clarify, this software does not make the decision making for the case. It mainly improves how the human mediator can control the case’s resolution. With this process, an agreeable solution is eventually concluded for both parties.

On the other hand, the Mediation Room’s own platform software includes a CREK-ODR powered platform. This software provides a comprehensive way to mediate discussions. They are capable of using text discussions or a video conference platform.

The Mediation Room Services: All its Descriptions and Vital Information

The Mediation Room can provide you with a virtual platform that can partially and completely mediate your disputes!

Mediation refers to a wide range of services that mainly assists people in their dispute resolution. Delay, stress, cost, and risks associated with the traditional face-to-face litigations are diminished. Also, mediators on this platform can aid the clients in reaching creative, fair, and reasonable solutions without going through so much hassle that traditional litigation holds. More about mediation in What is Conciliation? What is the difference between conciliation and mediation? and Key Issues for Successful Online Mediation

The services of the Mediation Room fall under three main categories:

  1. Boardroom resolve which helps shareholders resolve their problems.
  2. Smartsettle one (and Infinity) which utilizes AI to settle monetary disputes.
  3. See You Out of Court which consists of a panel of mediators working online.

These are mainly disputes that need to be settled between shareholders. Their services are focused on problems between shareholders’ agreements and the necessary mediation and negotiation process.

Assisting clients or shareholders in their problems is the main task of the Mediation Room’s services. They do active helping of them so that a proper and legitimate course of action can be imposed.

Moreover, they can also do an alternative for the clients where a written negotiation strategy can be given to them. This is an option for clients who want to make the negotiation within themselves

The mediators can help clients by giving lists of legal laws that govern their conflict and subsequently provide options and projected costs and outcomes. Moreover, the mediators can also list possible adverse effects if shareholders do not agree between them.

Furthermore, a shareholders’ agreement can be provided by the mediators, of course, with the consent of the people involved.

What is a shareholder agreement? you might ask. A shareholders’ agreement refers to a contract where all the relationships, procedures, and rules you want for your company are written. This agreement can help you, and your future shareholders avoid disputes.

Other than that, shareholders and investors will be more enticed to your company, and you can eventually work your way up to success!

With all this assistance from the Mediation Room, shareholders become more oriented towards the fact that they need to negotiate for a resolution.

The virtual platform has benefits other than its convenience. It also saves you the hassle of encountering hot-tempered shareholders with whom you have disputes. The remote and virtual setup can powerfully manage that.

Moreover, since their stress and emotions are filtered out, they can think more objectively and focus on their case. However, one must not forget the drawbacks of the lack of human interaction and the individual technological abilities of the disputants. Therefore, a balanced line must be drawn when seeking such services.

Is The Mediation Room Reliable?

Now that you know what the Mediation Room is and its services, the next thing to know about is its reliability. Is the Mediation Room a reliable platform where you can place your trust?

The answer lies in its founders and success. The Mediation Room was constructed by and is currently being innovated by renowned experts in online dispute resolution. Moreover, all their mediators have undergone specialized training that prepared them for these kinds of cases.

From the perspective of a user, this is one of the comments on The Mediation Room and online dispute resolution platforms:

“I agree with Graham wholeheartedly… I think technology will enable the automated resolution of relatively simple, low-hanging-fruit type cases, but the overall increase in demand will cause a jump in the volume of cases that require human assistance as well. ODR is our best bet to expand access to justice while maintaining or improving quality of service…For legal professionals who are open to this future, there will be a lot of opportunity.” (Source)

Other than this, the platform itself proved its edge with its awards through the years. For instance, Smartsettle has been given awards for its innovation in the world of online dispute resolution. The Acquisition International awarded it in 2015 with “Best eNegotiation System” and also bagged the “Award for Innovation in International Dispute Resolution.”

Drawbacks of the Mediation Room

Whilst some issues and unpleasant incidents might occur on the platform, like any other online service, the real drawbacks of the Mediation Room stems from the mediation process itself and to that of ODR. These include:

  • Mediation is usually not compuslory!
  • Mediation will not work if atleast one of the parties is uncooperative or withholding information.
  • Enforcement of decision concerns.
  • Justice and fairness concerns if one or more of the parties are not well versed with technology (internet and online communications).
  • Humans make mistakes ! (Errors and misundertandings).

Moreover, like any dispute, if the parties are willing to negotiate to reach an agreement in good faith then a reasonable and practical outcome will be possible.

You can read more in detail about the pros and cons of ODR in Online Dispute Resolution: The Advantages and Disadvantages.

Our Conclusion

The world is constantly finding ways to pursue the goal of developing convenient but quality services. This is the main reason why online dispute resolution paved its way in the legal and virtual world.

One of the platforms that traversed the path of innovation on dispute resolution is the Mediation Room. You can utilize multiple benefits with the services of the Mediation Room. They are currently innovating and will improve their services to help bring cost-free and delay-free mediation services.

For now, the edge of the Mediation Room is its virtually cost-free services. All you need to do is provide the cost for other legal aspects of your case. Moreover, the estimated time for this varies, but they mentioned that they could cut down the time from three months of mediation to a half-an-hour mediation session!

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PayPal Dispute Resolution Center: How Does it Work and How much will it Cost You? https://odrguide.com/paypal-dispute-resolution-center/ Sat, 24 Jul 2021 21:43:02 +0000 https://odrguide.com/?p=1163 The average time to resolve a dispute on PayPal is 10 to 14 days. Raising a dispute is free on Paypal unless a chargeback is involved. Online services and mediators

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The average time to resolve a dispute on PayPal is 10 to 14 days. Raising a dispute is free on Paypal unless a chargeback is involved.

Do you enjoy the convenience of online transactions? What would you do if you encounter a problem with it?

Online services and mediators for transactions are handy given the age of the internet. Our lives are revolving more in the virtual world. Nowadays, lots of different operating platforms for online payments are being utilized by consumers, including you!

Indeed, you are aware of PayPal: an American company that provides an online money transfer mechanism for numerous countries. This platform is a virtual alternative to usual payment methods such as cash, checks, and money orders. Because of this, PayPal is widely used as a payment processor for online transactions or other commercial purposes.

PayPal maintains its reputation by ensuring that buyers and sellers of the platform will have easy and secure transactions. Any platform will eventually encounter disputes in some of its transactions. So, PayPal established its resolution center specifically to handle these problems!

If you want to know all about the PayPal Resolution Center: all the descriptions and how the features work, continue reading!

For more about other dispute resolution centers; Using the eBay Dispute Resolution Center: All You Need To Know About Resolving Your Online Disputes, Shein Paypal disputes, and How to Win Disputes on Alibaba: The Ultimate Guide, and Example of Online Mediation Provider- SmartSettle as an Online Mediation tool and AliExpress.

What is the PayPal Resolution Center?

PayPal’s popularity continues to escalate year by year. Now, they have as many as 300 million users from all around the world. Also, their accessibility to various countries makes them very convenient.

However, PayPal also encounters problems. A colossal number of active users translate to an escalation in the number of disputes! Scammers, faulty transactions, or misunderstandings are inevitable. To ensure that PayPal bounces back from such a setback, they worked on their resolution center.

The PayPal resolution Center is within their platform. If you have any problems and want to ask for help, the resolution center is there to help you.

You can report issues such as failed deliveries, unauthorized transactions, wrong billings, and keeping track of your previous claims.

This online dispute resolution platform serves as a bridge where the buyers can communicate with the sellers, or vice versa, with the hopes of resolving their problems. The goal is always to reach the most reasonable verdict and act accordingly. (Source)

Unfortunately, as of June-21, the PayPal Resolution Center can only be used on a web browser.

You cannot utilize this yet on the app of PayPal.

What is the difference between a dispute and claim on Paypal

This resolution center makes use of specific terminologies. You might be confused if you are unfamiliar with them. For now, you should know the difference between a dispute and a claim.

Disputes refer to a scenario where you want to communicate to the other party because you encountered a problem with your transaction. Basically, you talk to each other, with the platform mediating you to reach an amicable solution. (Source)

If you cannot solve your dispute, you can escalate it as a claim.

The difference in escalating to a claim is that you choose not to talk with the other party. PayPal investigates claims, and they are responsible for deciding the course of action.

How Does the PayPal Resolution Center Work?

Overall, the PayPal resolution center is a well-constructed online platform. Of course, there will still be some problems. Let us have an in-depth exploration of the center and how to utilize it efficiently when needed:

Online disputes might be frustrating at first. Luckily, you can always have the aid of the PayPal Resolution Center!

Initiating a complaint on Paypal

You can initiate a complaint by communicating with the seller or buyer you previously had a transaction with. If you are having trouble looking for their contact details, you can see them in your “Activity” tab and select “Payment.”  

What is the current time limit to open a dispute on Paypal? The time limit for opening a dispute on Paypal is within 180 days from the date of payment.

How to initiate a dispute on Paypal?

All you need to do is click “Report a Problem” on your Resolution Center. Select the payment that is of concern and click continue. Here, you will see some possible reasons for a dispute, i.e., failed delivery, different item description, or a billing issue.

This way, the problem might be resolved by giving you a refund or initiating a return of products.

Remember that the Resolution Center can only be used on your browser, and you cannot find this if you are using your PayPal app.

What happens after initiating a complaint on Paypal?

When a complaint is initiated, the other party involved will receive an email so that the case will proceed to resolution. The other party can also see the notification in their own Resolution Center tab.

Moreover, the money received by the seller during the transaction under question will be on hold while resolving the complaint.

Do not worry! This will be released to the respective PayPal accounts once the case is settled in their favor.

Escalating a dispute to a claim on Paypal

Escalating your dispute to a claim is an option if you determined that your case’s resolution was unsatisfactory or unresolved.  

Escalating to a claim means that you want PayPal to investigate the problem and decide the best course of action.  

How long does it take to close a dispute on Paypal

All disputes on Paypal close after 20 days unless you escalate it to a claim.

Responding to a dispute on Paypal

What if you are on the receiving end of the stick? If a problem is filed on you, you will receive an email or get notified on your Resolution Center tab. Of course, you need to respond to that case.

Once you log in to your PayPal account, you need to go to the Resolution Center. Do this on your web browser. Click “View” to see the case. Here, you must respond to the other party. You should follow the instructions there. You might need to state some information like tracking numbers etc. Lastly, click “Post Message.” (Source)

Posting the message directs it to the other party. This gives you the chance to resolve the problem efficiently. Remember to be polite!

How Long Will It Take for PayPal Resolution Center to Investigate your Claims?

When filing disputes or claims, make sure that you do this within the timeframe given by the PayPal Resolution Center. A dispute can be initiated in no more than 180 days from the transaction date.

After filing a dispute, you and the other party are given 20 days to try and talk it out.

Hopefully, within this time, a resolution can be achieved.

If your problem is unresolved within those 20 days, you now have the option to escalate it to a claim. This way, PayPal will intervene to help you. Remember that escalating a dispute to a claim means the dispute will be automatically closed.

The PayPal Resolution Center is committed to providing a reasonable resolution to problems that arise on its platform. They give reasonable timeframes.

However, the overall time needed to resolve your dispute varies because it depends on the amount of time each party responds to one another.

It can reach as many as 30 days before arriving at a solution. Sometimes, it is much faster. On average, it takes 10 to 14 days to resolve here on PayPal. (Source)

Resolving disputes within 10 to 14 days on average, you can easily go back to online transactions again!

Are There Fees Involved in Using the PayPal Resolution Center?

Now that you know how the resolution center works, you might be curious about its fees. Do you need to pay a processing fee if you want to use the PayPal Resolution Center? There is no processing fee needed for disputes and claims on Paypal. You can use the resolution center for free! This is very convenient since you will not have to worry about additional charges on your end.

However, certain cases warrant a processing fee. For instance, if your problem is a chargeback, then you can incur a fee of up to $20. This problem is related to card issuers that need refunds. (Source)

What Are Some Common Causes for Disputes and Claims on Paypal?

One common reason for disputes is not receiving the item purchased. Since PayPal is an international platform, products and services can also be shipped to and from different countries.

This opens the door for a lot of shipping-related problems and misunderstandings, usually outside the buyers’ and sellers’ control.

Likewise, buyers encounter problems such as receiving items that are different from the seller’s description.

Of course, it is the buyers’ right to receive a product the way it is advertised. So, if you are a seller, make sure to double-check products before shipping them!

Similarly, buyers must carefully read product descriptions to avoid misunderstandings.

In Summary

A virtual payment method is very convenient given that most of our e-commerce activities are now over the internet. Despite the convenience, risks are always present. PayPal is not immune to this.

The PayPal Resolution Center can provide its users with a platform that can help resolve simple transaction issues. The average expected time to resolve a dispute on Paypal is 10-14 days and with no processing fee.

In case a dispute escalates to a claim, the duration will depend on the complexity of the case as Paypal will have to go through the details and resolve it. Fees are only applicable if there are chargebacks.

Be careful with Chargebacks on AliExpress as explained in AliExpress Disputes: A Comprehensive Q&A guide as it might get you banned.

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Using the eBay Dispute Resolution Center: All You Need To Know About Resolving Your Online Disputes. https://odrguide.com/using-the-ebay-dispute-resolution-center-all-you-need-to-know-about-resolving-your-online-disputes/ Tue, 20 Jul 2021 13:29:50 +0000 https://odrguide.com/?p=941 All you need to know about eBay dispute resolution in 30 seconds: eBay dispute resolution center settles buyers and sellers disputes for FREE. The average time to resolove a dispute

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Are you fond of shopping online? What would you do if you encounter a problem with your transaction?

All you need to know about eBay dispute resolution in 30 seconds:

  1. eBay dispute resolution center settles buyers and sellers disputes for FREE.
  2. The average time to resolove a dispute on eBay is 5 to 7 days.
  3. If the dispute is not resloved, the claim is resolved via Squaretrade-eBay platform.
  4. It takes a minimum of 30 days to settle a claim on Squaretrade-eBay.
  5. The fee for eBay mediator is $15.

One of the most resounding online platforms which take care of both its buyers and sellers is eBay. Given the vast amount of people it caters to, issues will surely arise, right?

Because of this, eBay made an online dispute resolution platform where these issues can be settled for free. Each case can be resolved between the seller and the buyer first before going to more complex dispute resolution means. If disputes are not resolved at this level, the platform can help you connect with a professional mediator with a fee of at least $15.

So, what is the time and cost to settle a dispute on eBay by a mediator? On average, eBay can settle refund disputes in around 5 to 7 days. The cost to mediate a dispute on eBay is $15. You might have to wait up to a month for other complex cases since eBay ensures that adequate time is given to each party to defend itself.

Generally, the eBay Resolution Center is trusted, fair, and even considered a model dispute resolution platform online. The construction of the system of this resolution center is very efficient and can surely help anyone with their eBay disputes.

This article will tackle all the information you need to know about eBay and its resolution center. You can read later about how to open a case and how to file specific claims here. If you are interested to learn about these, then this article is for you!

To read more about online dispute resolution platforms, check out this article; Example of Online Mediation Provider- SmartSettle as an Online Mediation tool and Alibaba, AliExpress, Airbnb, Shein, and Paypal ODR platforms.

You may also refer to our review on Document Crunch, the AI platform, for reviewing contracts with the intent of reducing risks and disputes.

Some Facts About eBay

eBay is an e-commerce corporation founded in San Jose, California, back in 1995. This multinational corporation is among the world’s biggest marketplace where people from various countries come together to purchase and selling all sorts of goods and services. (Source)

Currently, eBay is one of the largest online marketplaces. With as many as 100 million registered users, this place surely sells a variety of products!

Surprisingly, eBay started off as a small website for auctioning items. Now, you can see lots of products that range from knick-knacks, electronics, sporting items, and even heavy industrial equipment. (Source)

When eBay is claimed as one of the biggest marketplaces in the world, they really mean it!

Now, as many as 100 million have been registered users of eBay. In addition, their gross merchandise volume is no joke as well. Back in 2016, eBay had as much as $83 billion gross merchandise volume. This made a steady increase as the e-commerce corporation continued to grow in recent years.

The eBay Resolution Center: Can it Help You with eBay Disputes?

We do not live in a perfect world. In one way or another, you might experience some issues with your online purchases. You might have a defective item or late delivery.

Similarly, sellers might face these problems as well. Your buyers might not pay or might complain of faulty items when they are not.

The eBay Resolution Center can accommodate requests to open disputes from eBay. Features such as tracking your grievance and contacting the seller or buyer in question are all available if you need these services.

The eBay case center can help the buyers and sellers resolve any issues between their transactions.

Moreover, this ensures that any open dispute is secure. You do not need to worry about your personal information being leaked to unwanted parties. (Source)

The eBay Resolution Center has resolved as many as 60 million disputes in its 15 years of service. With this, third-party human intervention is minimized, and dealing with transaction disputes is quickly done.

The eBay dispute resolution platform can help you settle disputes in transactions made within their platform.

Purpose and Benefits of the eBay Case Center

Electronic commerce companies such as eBay are fast-growing.

Especially with the recent trend of putting most of our tasks online, the internet had been a convenient platform for everyone. Along with improving the selling platform itself, eBay is also committed to protecting its consumer by having an outstanding resolution center.

With this commitment, they efficiently protected their marketplace while maintaining their high gross domestic product rates. eBay is the most advanced in constructing an online dispute resolution platform.

As it is born from one of the largest e-commerce platforms, the eBay Resolution Center is also considered by many companies as a successful dispute resolution platform.

As long as eBay can promote fairness and equality in their online dispute resolution, they can surely maintain and gain more trust from their consumers.

Previous empirical research has mentioned how effective this method is! Because of a usable case center on eBay, buyers and sellers will have fewer doubts about this e-commerce corporation’s legitimacy and services.

With a reliable resolution center, misunderstandings online can be resolved fairly and reasonably since this platform is neutral between the buyers and sellers. Users can also benefit from avoiding pre-mature negative feedback and improved overall trust of consumers to the eBay community. (Source)

eBay Dispute Resolution Center: What Buyers and Sellers Need To See

eBay’s dispute resolution platform has achieved a fantastic feat since it can resolve millions of disputes worldwide. Given that this is a massive online marketplace with many consumers, they created an automated platform where virtual negotiations can support buyers and sellers when they encounter transaction issues.

Buyers and sellers are first encouraged to settle the problem within themselves. However, if they cannot reach a verdict at this point, then the eBay Resolution Center is a place where they can open a case or file a claim.

Online shopping at eBay is convenient and fun! Also, dealing with disputes in your transactions is made accessible if you need them.

eBay uses SquareTrade as its dispute resolution provider. With this, consumers can use an online forum for free to resolve their problems. SquareTrade can also refer a professional mediator as needed. (Source)

eBay and SquareTrade provide a dispute resolution platform without you having to pay an initial fee!

If you want to file a claim or dispute, it is free. SquareTrade can contact you after laying down your concern, and they will facilitate the involvement of the other party involved to help you resolve your issues. (Source)

The free virtual process of this consists of a reliable algorithm. However, if matters arise that you might need assistance from a professional mediator, a fee of $15 is requested from you.

In using eBay and its Dispute Resolution Center, here are some things to keep in mind:

  1. Make sure to be creative, focus on building solutions for problems, and avoid being threatening. When communicating, it is best to keep in mind that good business should still be upheld.
  2. If you are a buyer, be responsible for placing the correct delivery address and pay using accredited means. Also, make sure to check out the right items!
  3. For sellers, it is best always to use a recorded delivery method to ensure that buyers will be required to sign as they received their packages. This can help save a lot of your time!

Opening a claim will make eBay hold the funds that are involved. Sometimes, eBay can even limit the seller’s ability to accept Paypal payments until a dispute has been resolved.

What Are The Common Disputes Arising From eBay Users?

First, let us differentiate a dispute from a claim on eBay. Generally, disputes are a lower level of problem. A dispute is when the buyer and seller can resolve the issue independently or with the eBay Resolution Center.

Some disputes can be elevated to a claim by either the buyer, seller, or both. This time, a third party or investigating agent will review the problem and come up with a decision that will be most fair in the given case.

Common disputes that you might encounter would be the failure to receive an item or receive an item that does not match the description on its related media.

On the other hand, sellers might have disputes about not receiving payment or canceling some transactions midway.

What Should You Do When You Have An Issue on eBay?

Now that you have seen all this vital information, you might now ask: how can you open a case or file a claim on eBay?

There are several ways to do this.

To file a complaint, you will be asked to create a SquareTrade ID and password to enter your complaint information. SquareTrade is responsible for notifying the other party of your case or claim so that they may respond accordingly. Note that all the information that you will present will only be accessible to you, the other party, and a third party if you wish to include them.

Many successful disputes have been resolved this way.

You can easily access the dispute resolution center of eBay with your laptop or smartphone.

You can also opt to go to the Resolution Center on eBay thru the navigation bar. In your “Purchase History,” click on the item that you’ve purchased and scroll down on that page to find the Resolve a Problem option.

The “Resolve a Problem” form will show you some common disputes such as the wrong item, not receiving payment, etc.; you can choose your concern from these options.

However, you will be directed to a Customer Service page if your situation is not listed there. This is virtually a forum page that helps open your problem for resolution.

eBay realized that these alone would not suffice in providing the best customer satisfaction. Hence, eBay enforced some policies that are fair and just to its users. They implemented the eBay Money Back Guarantee policy.

The eBay Money Back Guarantee facilitates the return of defective or damaged items.

Under this policy, sellers are given three business days to respond to buyers. Their response must include a solution which may be a replacement, a return, or a refund.

The seller’s failure to respond or give a satisfactory resolution will prompt the buyer to ask eBay to help at 30 days.

If eBay is asked to intervene with their dispute, they can decide within 48 hours.

If the buyer or seller wishes to appeal, they can do so within 30 days. Under the eBay Money Back Guarantee, both the seller and the buyer have to adhere to certain obligations that ensure the protection of both parties.

  1. Buyers are required to receive the item in question. They have up to 30 days from the estimated delivery date to inform their seller that it was not received. The seller then has three business days to give a solution.
  2. For items that do not match the seller’s description, damaged, or defective, the buyer must submit a return request within 30 days from the delivery date. If the seller does not respond to the buyer’s request, then the buyer can ship back the defective item within five business days from filing the dispute. For refunds, you generally get it within 5 to 7 days.
  3. Lastly, a SquareTrade mediator can be asked to intervene. This goes with a fee of $15. They will help you resolve whatever needs to be concluded.

Is eBay Online Resolution Center a Fair Platform?

The system of eBay in resolving disputes seems promising. But you might be wondering if they decide it in a fair manner.

Fortunately, eBay provides fair opportunities for both the buyers and sellers in terms of the usage of their resolution center. The process does not give an unreasonable benefit in favor of one party. Moreover, negotiations are welcomed by eBay.

They also allow a reasonable time frame when a dispute needs to be dealt with. For instance, when a dispute or claim is opened, the sellers have three days to respond to their buyers. Consequently, the buyer must respond to that within four days. (Source)

The quality of customer satisfaction afterward is also essential to look at. This is a measure of how happy the users are after availing of service on eBay.

This includes the users’ outlook on the platform after using their dispute resolution center.

There have been some concerns over this. Some users of the dispute platform had some dissatisfaction issues when faced with Customer Service. This includes having “rude customer service,” “a waste of time,” or a lack of apology. Moreover, some sellers claim to be a victim of some dishonest buyers who falsely tag their goods as defective or damaged.

Even though the platform itself can provide you with fair and just resolutions, there are just some factors outside the limits of what eBay can control. This includes the honesty and patience of their users.

In conclusion

If you have problems with your previous purchases on eBay or encountered some problems selling your goods on eBay, their dispute resolution platform can initially help you for free.

With this, you are assured that using the platform can give you a good security backup. All you need to do is follow the steps on their Resolution Center page to file your case. They will surely help you connect with the other party involved in reaching a verdict.

The overall time that is given to the buyers and sellers is undoubtedly reasonable. Yes, waiting 30 days for an appeal might seem like a long time, but balancing fairness within the community is essential.

Moreover, the leeway for the response of each party involved is reasonable as well. Most importantly, using their services is free unless you would choose to have a professional mediator at $15.

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Overcoming ODR Drawbacks in Marginalized Areas and People with Fewer Resources https://odrguide.com/overcoming-odr-drawbacks-in-marginalized-areas-and-people-with-fewer-resources/ Tue, 22 Jun 2021 20:36:22 +0000 https://odrguide.com/?p=543 One of the major drawbacks of online dispute resolution is ensuring the marginalized people and scarce resources will be addressed. People with disabilities and areas with fewer technological resources have

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One of the major drawbacks of online dispute resolution is ensuring the marginalized people and scarce resources will be addressed. People with disabilities and areas with fewer technological resources have difficulty using ODR. On a worldwide scale, the World Health Organization identified over 2 billion people with disabilities. In 2 billion, 20% have great functional difficulties. Also, there are 4.4 billion people in the world who have yet to access the internet.

The innovation of various online dispute resolution platforms makes it seem like this will be the next best thing for our justice system. However, one of the most pressing drawbacks of this would be marginalized people and few resources.

Technological literacy is necessary so that people can use ODR. However, this is impossible to do, given that there are areas where resources are very scarce. Also, some people just don’t have the physical capacity to do so due to different disabilities.

Currently, many attempts can be made to reach out to the marginalized. Some of these include the utilization of the ICTs, or Information and Communication Technology.  Moreover, technological assistance can be innovated through voice recognition and voice command, subtitles, and even the formation of telecenters specifically to assist the marginalized.

Now that you have seen the gist of the drawbacks of ODR in terms of marginalized communities, you would surely want to know how to overcome it. In this article, we shall go more in-depth to learn about marginalization in ODR and the steps we can take to address them.

Online Dispute Resolution: Definition and Advantages

Online dispute resolution, or ODR, is an alternative dispute resolution developed along with internet and technological advancements. The internet is a valuable platform on ODR.

Information technology is tailor-fitted to the needs of the platform in resolving disputes occurring mostly between e-commerce transactions.

As technology advanced, ODR innovated as well. The low-level disputes online can now be resolved with emails, video conferencing, or with artificial intelligence as the mediator. Because of these, ODR is being praised as a flexible, modern, and creative means of addressing the increasing online disputes.

Moreover, ODR can provide more people with an easier means of convening to settle their disputes. There is no more need to travel long distances to meet in a courtroom. However, there are also some drawbacks to this very novel virtual dispute resolution means.

For more on ODR, What is ODR (Online dispute resolution) ?

What are the Drawbacks of ODR?

Of course, it would be very difficult to have a novel platform that has absolutely no drawbacks. Online dispute resolution is not yet a perfect system for resolving problems between parties. There are still many aspects where experts need to assess further.

First, ODR is a form of dispute that is informal. There is less personal discussion since the dispute resolution occurs remotely via emails and messaging. There would be a more personal atmosphere in a face-to-face court meeting in contrast to virtual court processes.

Online dispute resolution includes e-commerce disputes. This means that there would be parties from different parts of the world which have different languages. It would be challenging to mediate a dispute between two parties who are not proficient in the same language.

Other than the language barrier which needs to be addressed, technological proficiency should also be given attention. Given the ODR functions online, people need to be able to have gadgets to utilize its features. Moreover, a certain degree of literacy and technological knowledge is required. People without adequate technology, internet connection, or devices cannot fully access and participate in online dispute resolution.

The problem with marginalized people and areas with fewer technological resources makes ODR a disadvantaged platform. Not reaching a certain percentage of the population will be quite a hurdle for experts to work around with.

How Much of the Population does ODR Reach?

One of the drawbacks of ODR is that it does not reach the whole population. Marginalization and scarce resources make ODR inaccessible to a certain percentage of the people.

Marginalization is a broad term. It refers to a group of people who do not belong in the mainstream culture. Therefore, they do not get to benefit from the effects of these. Moreover, this term also refers to people who lack social capital, such as resources, to participate in these beneficial platforms and activities.

There are lots of reasons attributed to this. The first would be poverty. Resources are very scarce in areas that have a high prevalence of poverty. Also, marginalization can be observed in regions with language incompetency.

In the context of an online platform, we can also consider the capability of people to use gadgets and the internet. Marginalized people who cannot use electronic devices cannot utilize ODR. This includes people with disabilities.

Online dispute resolution is designed to revolve its use on emailing, video conferencing, and information technology. People who have disabilities cannot use digital devices on their own. This means that ODR cannot reach these people, making them part of the marginalized population.

According to the US Consensus Bureau, in the United States alone, 56 million people are currently living with a disability. Along with these statistics, disabled Americans are three times less likely to use online platforms.

On a worldwide scale, the World Health Organization identified over 2 billion people with disabilities. In 2 billion, 20% have great functional difficulties. Here are the data of the World Health Organization on marginalized people with disabilities and the corresponding figures which have implications on their access to ODR:

  • 17% of the world’s population are affected by blindness and visual impairment
  • About 6% have deafness and hearing loss
  •  Intellectual disability should also be considered. 200 million people, or around 2.6% of the population, suffer from this.

These people can indeed have difficulty utilizing ODR. Also, it would be difficult to say in the first place that they would be able to utilize it at all.

Since online dispute resolution is web-based, the use of the internet is imperative. What you need to know, though, is that 4.4 billion people in the world have yet to access the internet. The reason for this disconnect is mainly poverty. Many remote rural areas and poor communities do not have access to the internet today.

Persons with disabilities can sometimes have access to online platforms given that, in the first place, they have the necessary gadgets and internet bandwidth. There are, of course, some ways to overcome the drawbacks of online dispute resolution to these marginalized people.

For more on the future of ODR, Online Dispute Resolution: The Future of Justice

How Can We Overcome the Drawbacks of ODR?

Marginalized communities and populations are best addressed with well-developed and well-implemented Information and Communication Technology, or ICT. Social inclusion can be done with the collaborative effort of different sectors of the community.

First, there should be recognition of who is marginalized. It is very difficult to work for a solution if you fail to identify who you should target.

ICTs have been a solution to marginalized communities, empowerment of people with disabilities. One of the things that can be done would be education and skills development specific to these populations. Moreover, telecenters can be explicitly made for the disabled and marginalized.

It would also be effective to look into the simple details of the ODR platforms. Hearing problems are a common concern. Therefore, ODR platforms should hopefully have subtitles or sign language options available.

If you want to know how to reach out to people who have physical disabilities, you can try special devices to grasp it firmly and control the screen. This principle is similar to how your mouse or keyboard works on your computer.

Another simple method would be to provide for voice recognition and voice command. This makes a kind of assistive technology for the disabled.  

Moreover, a standard precaution should be noted, especially on epileptic and people with seizures. Many websites have sudden bursts of flashing lights. These features are very harmful to some people. Hopefully, these will be removed or would flash trigger warnings in the beginning.

With these, the marginalized sectors and people with few resources can be accommodated by directing efforts to reach out to them.

Conclusion

Online dispute resolution platforms are incredible innovations. They can lead us to better dispute resolution platforms. But, as we have learned in its drawbacks, some people would be left behind if we choose to neglect them.

Efforts must be concentrated on marginalized people due to their disabilities and due to very few resources. With this initiative, social inclusion will improve, and we can overcome one of the significant drawbacks of online dispute resolution as a platform.

Basically, we would want to continue innovating for better access to ODR. This includes directing efforts to the marginalized. Moreover, a better and more specific flow of dispute resolution can also help. Lastly, if there is a need, certain agencies can be specifically made to address the concerns of the marginalized.

Small steps towards innovation can surely help. In the future, we can expect that ODR will be socially inclusive and effective as a novel dispute resolution platform.

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Online Dispute Resolution ODR in China and its future https://odrguide.com/online-dispute-resolution-in-china-odr/ Sat, 24 Apr 2021 13:45:47 +0000 https://odrguide.com/?p=527 Online dispute resolution in China provides a convenient and flexible platform due to the advancements in technology and internet communication tools. ODR in China went through a lot before it

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Online dispute resolution in China provides a convenient and flexible platform due to the advancements in technology and internet communication tools. ODR in China went through a lot before it became the platform that it is today. Moreover, it has its inherent advantages and drawbacks, which could be points for further development in the future.

The internet advanced faster than any of us imagined. This led to various innovation that helps modern society and continues to improve itself. One of the innovations brought about by the invention of the wonderful internet world is dispute resolution.

The innovation that happened in dispute resolution was translated to online dispute resolution or ODR. This new online mediation platform is currently increasing its application to dispute resolution. There are many factors on why this is so. We will explore those in a bit.

For the full guide on Chinese E-courts and ODR, please read Online Dispute Resolution in China: The Ultimate Guide of ODR Platforms. For more on the future of ODR and justice, Online Dispute Resolution: The Future of Justice and What is the Most Efficient and Fair Platform for Online Dispute Resolution?

Moreover, (Online Dispute Resolution) ODR is a cheap, convenient, and flexible dispute resolution means. And this has been present in a lot of countries already.

In this article, let us explore ODR in the country of China. Let us see its development in this country, its mechanisms, drawbacks, and room for improvement.

Defining Online Dispute Resolution

To begin this article, let us first define online dispute resolution. Basically, this is a way of settling disputes online. ODR makes use of an electronic settlement mechanism and information technology to handle the dispute cases given to its platform.

Lu and Zhu from a 2017 study mentioned that there are five types of online dispute resolution. These are the following: online negotiation, online mediation, online arbitration, online complaints, and an online trial.

How did Online Dispute Resolution Develop in China?

The need for mediation proceedings has always been needed in China. Since traditional mediation during ancient times in China, they already had the system and process of neutral assisted parties where a resolution of disputes can be met.

However, as generations have changed, so are the expectations on mediation procedures. Now, China adapted its mediation procedures to modern-day commerce, social norms, and political systems.

Online dispute resolution in China only came about by the early 2000s. The first Chinese ODR platform is called the Domain Name Dispute Resolution Center. Then, ODR platforms have developed slower than they actually can. They seem to lack attention from their academic and practical fields.

As the internet pushed forward with its developments, it also pushed ODR to be more developed and promoted. By 2016, the Supreme People’s Court of China produced documents to support the development and acceptance of ODR.

The Chinese government has conducted five significant mediation changes at some point. One of these critical changes is using modern technology. This pertains to online dispute resolution.

Because of this initiative from their government, they already had over 1,000 courts and 12,000 mediations organization in ODR by 2018. This innovation led to a more convenient platform where parties can apply for use, select their mediator, attend the resolution, and reach an agreement. All of these activities can be completed with their tablets, phones, or computers.

Categories of Online Dispute Resolution Platforms in China

China also came along with the innovations in ODR. Currently, there are four main groups of ODR platforms available. Let us see each one in detail:

An example of professional ODR platforms in China is the previously mentioned Domain Name Dispute Resolution Center. These kinds of institutes are focused only on online dispute resolution

This ODR group comprises two major subtypes: the online mediation platform and the online trial platform. In this kind of ODR group, an E-mediation can be set up by their local courts. Lots of local courts have this kind of ODR group already. Some of which are the Shanghai Maritime Court, the Chengdu Intermediate People’s Courts, and the Hefei Intermediate People’s Courts.

 The judicial administrative department is concerned with China’s social harmony and stability. In accordance with ODR and its functions, the judicial administrative department collaborates with various people’s committees, media, and other vital institutes in dispute resolution.

For this group, online shopping disputes are mainly considered because of the rise in online shopping venues; conflict rose alongside it. With ODR in e-commerce websites, a resolution can be met between the online buyers and online sellers every time a dispute arises.

A detailed guide on china E-courts and ODR platforms can be read in Online Dispute Resolution in China: The Ultimate Guide of ODR Platforms.

Why is Online Dispute Resolution Needed in China?

We need a driving force for something to develop and thrive in our society. This case is the same for the development of ODR in the Chinese community.

A 2017 journal article by Lu and Zhu stated the needs and circumstances in China that made online dispute resolution a necessity for their society. Various factors and advancements led to the development of ODR in China.

The 18.3 trillion e-commerce transactions in China showed how large it had become back in 2015. Given that extensive e-commerce transactions, disputes between the buyers and sellers arise as well. The increase in online disputes in China paved the way for further development and acceptance of ODR. ODR flourished because it can handle these disputes very efficiently and in the virtual platform where the e-commerce transaction occurred.

ODR is a very efficient and effective means of dispute resolution. Given the change in society, we always want something quick and convenient. ODR fits this need very well. Recently, China fine-tuned their ODR systems so that they have a way to solve their problems and disputes in a way that the parties involved can cope with it.

The most apparent reason for the sudden rise in the need for ODR in China would be the internet’s prestige in the modern-day era. Chinese users of the internet have expanded very much. Also, gadgets that can connect to the internet have improved and are very accessible to most people. The Chinese community very easily handles tablets, smartphones, and laptops.

As the internet expanded, you will notice that electronic information technology expanded along with it. The technological advancements need for ODR also developed during this time. Now, ODR platforms used in China can utilize technical features like information confidentiality, electronic signatures, and online payment technology.

These factors held together with a solid ground where online dispute resolution platforms became known and commonly used in China.

The Disadvantages of the Current ODR System in China

From a different perspective, ODR is not a perfect system in China. These platforms have certain limitations and disadvantages that make them far from being an ideal dispute resolution system.

Currently, the ODR platforms existing in China can only either mediate or arbitrate; rarely can they do both. This single function of an ODR platform deviates from the potential of ODR in its utilization of comprehensive mediation and arbitration, which the internet and technology can do.

Furthermore, a common problem associated with ODR is the uncertainty of its scope. Currently, the disputes which this platform can accommodate are not yet well delineated. For instance, the Chengdu E-mediation accommodates few controversies, such as traffic accidents, labor and consuming disputes, and intellectual property disputes.

However, this is not the only type of case that other ODR platforms are capable of handling. It mainly depends on what the platform and their technology can accommodate.

One of the most notable disadvantages of ODR would be the concept of trust. The parties involved, especially in the internet space, lack understanding and trust. Since ODR needs to mediate and arbitrate, trust is an indispensable aspect.

Moreover, a factor for the lack of trust in ODR is the internet security that is currently available. A leak of personal information or confidential data is very rampant. People also need to be aware of hackers, which are also potential risks.

Lack of trust goes hand in hand with doubt. People doubt the capacity of ODR as a dispute resolution platform. There are issues whether the arbitrators are neutral all the time. Moreover, people are also uncertain if the ODR platforms value the procedural interest of the Chinese community.

How to Innovate and Improve the Current ODR Setup in China

We have seen the Chinese community’s needs, which helped us understand why ODR flourished through the years. On the contrary, we also understood its inherent disadvantages as a dispute resolution platform.

Knowing the disadvantages is a good starting for the Chinese community to know what needs to be improved. Furthermore, these innovations in the current ODR setup would greatly help them achieve a possibly perfect platform in the future.

Firstly, there is a need to make ODR platforms a one-stop platform. This means that it would be best if the ODR platforms would have a multifunctional approach to arbitration.

An advantage of incorporating a one-stop platform in ODR is that parties will be given many other mediation options. Moreover, this will translate to a better resolution success rate.

Also, another disadvantage previously mentioned is the unclear scope of ODR. Delineating the scope of ODR will be very helpful to the community. Moreover, this will clarify any confusion as to what ODR is and what it can do for its users.

Making online dispute resolutions broader and more diverse is an excellent step to innovate it to a better system. Other problems will surely be encountered along the way, but as long as people are willing to work on it, ODR will eventually operate better and could even be more popular than today.

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The Impact of Coronavirus on Arbitration and ODR https://odrguide.com/the-impact-of-coronavirus-on-arbitration-and-odr/ Thu, 08 Apr 2021 06:28:24 +0000 https://odrguide.com/?p=514 The Coronavirus had a direct impact on Arbitration and ODR (Online dispute resolution) which resulted in more acceptance towards ODR and embrace of ODR. This is supported by the wide

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The Coronavirus had a direct impact on Arbitration and ODR (Online dispute resolution) which resulted in more acceptance towards ODR and embrace of ODR. This is supported by the wide use of video and communication means in the judicial system, education, and e-commerce.

The Covid-19 pandemic placed us in extreme situations in almost all aspects of our society. Our justice system has also struggled to cope with these situations.

As they explored developments, they concluded that online proceedings would be the best choice to get by. Online dispute resolution platforms are now widely used. This is not surprising since the online platform can help to resolve disputes, prevent delays, and protect the health of the parties involved.

Before the pandemic, the arbitration procedures settle the disputes in a face-to-face fashion. The state dictates the proceedings as this is a state-owned litigation procedure. However, the pandemic changed the setting of this simple dispute settlement.

Arbitrations acceptance to the online process has accelerated. It is essential to continue with dispute resolution even under a global health crisis. We cannot suddenly stop attending to them and wait for the pandemic to end.

The online platform is a good choice of action to adapt to these changes. It complies with the health standards, protects the parties and arbitration committee, and ensures that parties’ cases and disputes can be resolved.

As the shift to an online platform happened, guidelines are established by lots of justice institutions. The need to maintain fairness while adapting to the new technology present is very much needed.

Another manifestation of this global health crisis’s impact on arbitration is the increasing use of online dispute resolution platforms. Online dispute resolution, or ODR, is a platform where information technology is utilized in resolving disputes.

The change in arbitration and online dispute resolution is very evident as the pandemic made us do so. Now, we have explored the gist of the arbitration adjustments, and the ODR platform lets us go into detail as we read more of this article. What are the changes in these fields, and are we heading towards a better future for arbitration proceedings?

For relevant information on ODR platforms, What is the Most Efficient and Fair Platform for Online Dispute Resolution? and What is ODR (Online Dispute Resolution)? What does ODR mean?

What will be the impact of corona virus on ODR ?

The Arbitration Process Before the Pandemic

The state courts resolve the dispute that arises between parties. This is so because the state owns practically the whole judicial system. Nevertheless, an arbitrator can be an option for some parties which agree to it.

Arbitration is a settlement system where parties involved in the dispute agree that independent arbitrators solve their disputes.

These arbitrators are still under the jurisdiction of the state. It’s just that these arbitrators have their power based on the agreement between the parties.

Basically, arbitrations are a more private process compared to public and state-owned litigations. Arbitrators make their decisions as they hear arguments and receive evidence from the parties involved in the dispute.

One thing to note about them is that arbitrations are more flexible and innovative than state courts governed by a very rigid structure.

You would expect that arbitrations are more useful if we need alternatives to court litigations since we are currently under a global health crisis.

The Impact of Coronavirus to Arbitration: Adjustments and Measures Taken

The Covid-19 pandemic demanded innovations in the way we go on with our everyday needs. We needed to adapt to these changes so that we can carry on with our daily functions.

One of these who needed to adapt to the drastic change caused by the pandemic was the arbitration procedures.

Fortunately, since arbitrations are autonomous, they adapted very quickly. The agreement of the parties in the dispute can even mold how their resolution can go about. With this, they can have mechanisms for resolution even during a global pandemic.

An advantage of arbitrations is the possibility of resolving disputes without unnecessary health risks for the parties and even the arbitrators involved.

With the coronavirus pandemic, our primary needs have shifted to an online platform. Arbitrations have been present on the online platform even before the coronavirus pandemic. Now, the pandemic escalated the demand and utilization of arbitrations online.

For example, cross-border arbitrations were used mainly in online arbitration long before the pandemic. These arbitration platforms can also currently serve as a possible alternative for resolving low to medium-value commercial disputes.

Following the sudden shift to an online platform, institutions establish guidelines to facilitate this. Upholding justice and fairness is still the utmost priority. Examples of these are the International Chamber of Commerce’s guidance notes last April 9, 2020. This dwells into the measures for mitigation on Covid-19 pandemic effects to arbitration. A similar step was done by the London Court of International Arbitration, Stockholm Chamber of Commerce, and Singapore International Arbitration.

The common goal of these was still to have a resolution of disputes without any pandemic-related delays.

The Covid-19 pandemic pushed the arbitral institutions into a novel platform. These resolutions need to be done online. So, the institutions quickly needed to use their online resources efficiently.

Moreover, the proceedings that they are having still need to be fair but cost-effective.

Technological advancements made all these possible. The pandemic catalyzed the shift of arbitration to online methods.

The Effect of the Coronavirus Pandemic on Litigation

Similar to the changes in arbitration, litigations must also operate under a pandemic. To protect the health of the parties, an online platform would be the best option to use.

Conducting online litigations still has its limitations. First, it is difficult to classify these as essential functions. In fact, many litigation platforms temporarily closed during the early parts of the pandemic.

Furthermore, the public’s access to online litigation serves as an impediment also. A fundamental principle of a legal system is that the public should be capable of accessing it if they need it.

Lastly, financial resources available to the jurisdiction limit their capacity to invest in incorporating their litigations in a novel platform.

Impact of Coronavirus on Online Dispute Resolution

Online dispute resolution is a combination of communications technology and information management to manage and resolve disputes. Now, we have many available online dispute resolution platforms, and they have been serving parties for their disputes for quite some time already.

Online dispute resolution platforms make it possible for some cases of dispute to be settled even under a pandemic where we lack face-to-face interactions for health purposes.

The pandemic made online dispute resolution essential and valuable. The arbitrators and counsel are still available even with the ongoing health crisis.

Also, the arbitration committee can conduct the resolution by using different online dispute resolution mechanisms. One common mechanism is virtual hearings.

Virtual Hearings during the Covid-19 Pandemic

As the Covid-19 pandemic greatly affected the conduct of in-person hearings, the virtual hearing had been the next best choice. With virtual hearings, proceedings can continue, and resolution can be achieved as soon as possible without unnecessary delay.

What are virtual hearings? These are hearings conducted with audio-visual means. With these, arbitrations can progress even if the participants are not in the same court or room. Traveling to the hearing site to attend a hearing is not required anymore.

Now that we have technological advancements such as email, messaging apps, and virtual conferences, virtual hearings are very feasible. Also, the flexibility and relatively lower cost of virtual hearings will surely make it an integral part of our justice system.

Because of the Covid-19 pandemic, virtual hearings have been essential. Arbitrations are one step ahead of the litigations because of this online activity.

With the increasing use of virtual hearings, arbitrators produced guidelines for these as well. The guidelines include remote arrangements of the parties, applications that can be used, and even technological standards that need to be met.

Using virtual hearings during the Covid-19 pandemic has rapidly escalated. Now, we only need to refine it. Soon enough, this can be one of the top options for arbitration procedures.

Our Conclusion

The Covid-19 pandemic brought an immeasurable amount of adjustments that need to be taken care of. This extraordinary situation pushed the justice system and institutions to provide a flexible method for them to carry on.

Initially, jurisdictions just needed to continue to function under a pandemic. Since online platforms are the best choice, it was utilized. Now, the need for using online platforms seems indispensable.

Fortunately, the justice system quickly adapted to an online platform. The adaptation is dispute resolution systems have shown their eagerness to continue in providing service for the public.

For the justice institutions, correct handling and understanding of the technology and virtual tools needed for their new proceeding mechanisms need further studies.

Further developments will make arbitration better in the future. One thing to look out for is that developments are needed for managing the tension between access to justice, ensuring due process, health concerns, and many more,

As we changed from physical to virtual, there will definitely be an adjustment period. During this time, the arbitrators should be very careful. If they made a mistake, they might even make justice more inaccessible to the public.

This defeats the purpose of what we want to achieve for parties with disputes.

Even though it started as merely a means to cope, they can innovate as needed by the people. Who knows, maybe this mechanism would be better in the long run.

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Is ODR “Online Dispute Resolution” the future of justice ? https://odrguide.com/online-dispute-resolution-the-future-of-justice/ Tue, 06 Apr 2021 20:06:41 +0000 https://odrguide.com/?p=508 We can classify online dispute resolution as the future of our justice services because of the incorporation of the justice courts in a relatively new virtual space. We can see

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We can classify online dispute resolution as the future of our justice services because of the incorporation of the justice courts in a relatively new virtual space. We can see here how quickly it sprouted when needed and how rapidly it innovated to suit the clients’ needs.

Online dispute resolution had been around for decades already. Despite this, the main concern about them is still being asked: can modern ODR produce outcomes comparable to traditional alternative dispute resolution methods?

Is ODR the future of justice?

Read more about ODR and fairness; ODR: Keeping Things Fair and Key Issues for Successful Online Mediation.

Dispute resolution has been able to ride with the modernization of our lives. This modernization is manifested by having an online platform for them. With the advancement in online dispute resolution, we can now enjoy synchronous and asynchronous means of attending to dispute resolutions, all on an online platform. We get to enjoy the flexibility, efficiency, and mediation proceeding done virtually because of this dispute resolution innovation. Soon, online dispute resolution will continue to progress and be the future of an online justice system

Commercial transactions done over the internet have boomed for the past decades. This happened, of course, because of the increase in the advancements of the virtual world. The incorporation of our lives in the online world means that even the execution of the law comes along with it.

Even during the beginning of online dispute resolution as a platform for mediating e-commerce problems, it was very similar to how it is to its current state. The main difference would be the sheer number of available and high-quality ODR platforms functioning on the internet.

The mere fact that ODR was improved daily is because of its potential in the justice services system. Given the advantages of this platform, refining it can definitely give us a sound justice system eventually.

Technology and online dispute resolution are inseparable obviously because ODR functions online. To improve and continue to be the future of our justice services, it needs to adapt to the current technological advancements.

Disputes are bound to happen. It is only a matter of where and how we get to address them efficiently. Moreover, the resolution of these should be done as fast and accurately s possible.

Now that you have seen the gist of online dispute resolution, let us see how much it progressed as a virtual mediation space. Moreover, you will also hopefully realize how ODRs can improve from here.

Is Online Dispute Resolution Really the Future of Justice?

Necessity induces various innovations to push and breakthrough. We have seen this in many aspects of our lives. As we enter the ever-expanding age of the internet, it is expected that many new things will come up. And, we have to face these very soon. Of course, one of the necessities that arose along with the changing time is a need for a virtual dispute resolution platform.

The internet had been growing faster than our expectations. Because of this, disputes that arise from this innovation need a stadium. In other words, the conflicts that come from this platform need resolution on the same platform.

Online dispute resolution, or ODR, handles disputes on a virtual platform. This happens fully or partially online. There are instances where ODR needs to proceed to offline hearings for certain complex cases. Also, ODRs can proceed with either synchronous or asynchronous means. With ODR, a web-based information system helps mediate the conflict of the parties.

Disputes online are a result primarily of global commerce processes. With lots of transactions going on, there will surely be mishaps to address. Moreover, ODR can help ensure that buyers and sellers in the online platform are protected from illegal acts.

Legalities should also be well monitored, especially in the online world. This platform actually needs stricter monitoring because the internet can be a venue for various kinds of legal non-compliance.

Justice needs to have a place no matter what platform is present. ODR is a prime example of the justice system being available even on this new online platform.

ODR platforms were able to adapt to the future of commerce. Moreover, online dispute resolution was able to constitute systems where new communication methods can be used to solve disputes.

This is a manifestation of the law being able to adapt and ready to face our disputes’ future!

Adapting to the future is one thing, but being able to do it correctly, legally, and efficiently is another topic. As you will read through this article, you will see how much ODR was able to do all these properly.

How did Online Dispute Resolution Begin, and How can it Progress from There?

As you look around, the manifestation of the internet occupying most of our lives is very evident. Lots of information and communication processes can now traverse through the internet as a platform.

Online dispute resolution is a product of the internet. Since the internet revolutionized our lives, the implementation of the law also changed. Incorporating the internet into our daily lives has shown that our legal frameworks need to be changed to adapt to it.

To appreciate how ODR serves as our justice system’s future, let us first see how ODR began in the online world.

 During the 1990s, online dispute resolution started its amateur stage. Here, electronic solutions and resolution makings are all in their trial period. Eventually, by the late 1990s, this rapidly improved. Some of the first commercial portals are now being established.

After the amateur phase of ODRs, the business phase began during the early 2000s. Because of the economic development during these years, more ODR platforms are being initiated and developed.

By 2001, the institutional phase of the development started. This means that ODR proceedings and techniques were incorporated in courts and authorities. This streamlined the ODR platform that we get to utilize today.

An example of one of the earliest online mediation platforms is CyberSettle. In 1998, this portal offered automated online mediation. This portal is praised for its functionality because it uses a special network to allow its users to take advantage of its different forms of data communication.

Moreover, CyberSettle allowed online negotiations of internet disputes. This begins with logging in and providing the basic information of the party. Then, this portal sends an invitation to the other party for participation in an out-of-court process. After the party accepts the invitation, offers will be collected by the portal, and the resolution will be on its way.

A lot of ODR platforms began with this straightforward framework. With the improvements on the internet as a whole, ODR is likewise improving along with it.

Online Dispute Resolution and Technology

In any alternative dispute resolution means, the need for a third party is still unchanged. This is because the third party mediates the parties involved so that they reach an agreement. With the onset of the internet, we are now provided with many communication forms to settle disputes on ODR platforms. We now have emails, messaging apps, or video conferences.

Because of technological advancements, we came up with two forms of ODR: online mediation and electronic arbitration. Online mediation is conducted with the use of text-based communication rather than teleconferences. Moreover, online mediation is the most popular form of ODR because of its flexibility. Parties can access this platform any time of the day. Furthermore, this form of ODR is more cost-efficient. There is no more need for a professional proxy, and documents are delivered quickly through emails or messaging.

In contrast, electronic arbitration is another essential form of ODR. This is less popular than online mediation due to various reasons. This involves more rules since this strictly adheres to the arbitration court rules.

What does Online Dispute Resolution have in Store for Us?

Now that we have seen how online dispute resolution progressed through technology and our future, what can we expect from it?

To recap, the most distinguishing feature of ODR is its virtual mediation and resolution of online disputes. Because of this, we can see the lack of personal contact during the proceedings. It must be ensured that clients can trust the tools and mediators incorporated in the ODR. Here is where the room for improvements is.

Online dispute resolution was able to give us justice courts in a new virtual space. Because of this, our justice services were still capable of adjusting. Even though our future expands along with the innovation in the online world, our justice system will constantly adapt to it.

Innovation will always occur no matter what happens. As long as we need something, someone will indeed invent something to achieve it.

Online dispute resolution platforms have their advantages. This is why we continue to use it today. However, there are also its limitations. As soon as we overcome these disadvantages and limitations, online dispute resolution will be very refined. Who knows, maybe the future of the justice service might be purely online eventually. Or it could be that the future of our justice system will mandatorily include an online procedure.

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