Author: Mohamed S. Abdel Wahab
Publisher: Eleven International Pub
Release Date: 2012-01
This book provides a state-of-the-art overview and assessment of the status quo and future of the Online Dispute Resolution (ODR) field. International, comparative, and interdisciplinary approaches have been utilized. Written by leading ODR scholars, the first part of the book includes an in-depth assessment of ODR, its applications, and its future in a comparative and analytical context. The second section offers a regional oriented approach, where the prospects, challenges, and success of ODR - and its applications in the North America, Latin America, Africa, Australia, Europe, and Asia - are mapped and fully addressed. The book is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field.
Author: Faye Fangfei Wang
Publisher: Chandos Publishing
Release Date: 2009
This book helps lawyers, practitioners, legislators and students understand and cope with the challenges of e-commerce, and to learn about the most up-to-date technology and regulation of Online Dispute Resolution (ODR). It introduces different forms of online dispute resolution, against the background of Alternative Dispute Resolution (ADR) developments in the off-line environment; crucially, it examines the current technology and legal status of ODR in the EU, US, Asia and Australia, and discusses the relations between the various parties in dispute resolutions, especially the Fifth party for the provider of the technology. It further analyses the four most successful examples, such as Michigan Cybercourt, WIPO-UDRP, eBay-SquareTrade and AAA-CyberSettle. Finally, a proposal for resolving e-contract disputes via ODR is provided, and a code of conduct recommended in order to regulate the electronic commerce market. Based on exclusive research and up-to-date best practices within the online dispute resolution field Simple and clear with an in-depth analysis and of a wide range of topics such as technology, management and law Provides practical solutions to real-world problems with a proposal of core principles and codes of conduct, which is of great value in academia and legislative organizations such as the European Commission and UNCITRAL
An essential tool for dispute resolution professionals as well as for anyone considering using dispute resolution in their lives and work, Online Dispute Resolution explains the many diverse and unique applications of doing conflict resolution online. The expert authors examine the tremendous growth of online dispute resolution-including its use by eBay and other e-commerce companies-and reveal the enormous possibilities to come, along with the many employment opportunities for practitioners in the field. They show how the online environment will affect the role of those who are concerned with dispute resolution just as it has brought changes to those who practice law, sell stocks, or run for office. For those who see the value of technology as a critical building block in the future of dispute resolution, Online Dispute Resolution will be an indispensable resource.
Author: Riikka Koulu
Release Date: 2018-09-24
Genre: Business & Economics
The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.
Author: Daniel Bender
Release Date: 2018-07-03
Written by experienced litigators, trial consultants, and graphic designers, Demonstratives: Definitive Treatise on Visual Persuasion guides lawyers and consultants through the process of creating and using persuasive visuals, and includes over 300 color images as examples.
Author: Stephen J. Ware
Publisher: West Academic
Release Date: 2007-01-01
Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and caselaw accessible to the student. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice and legal doctrine.
Author: J. G. Merrills
Publisher: Cambridge University Press
Release Date: 2017-04-03
The latest edition of this successful textbook on the techniques and institutions used to solve international disputes, how they work and when they are used, looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations, helping the reader to understand the strengths and weaknesses of different methods when they are used. Fully updated throughout, the sixth edition includes all the latest case law, as well as new sections on investment arbitration and regional trade disputes. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.
Author: Joseph G. Bock
Publisher: MIT Press
Release Date: 2012-07-13
Genre: Technology & Engineering
Tunisian and Egyptian protestors famously made use of social media to rally supporters and disseminate information as the "Arab Spring" began to unfold in 2010. Less well known, but with just as much potential to bring about social change, are ongoing local efforts to use social media and other forms of technology to prevent deadly outbreaks of violence. In The Technology of Nonviolence, Joseph Bock describes and documents technology-enhanced efforts to stop violence before it happens in Africa, Asia, and the United States. Once peacekeeping was the purview of international observers, but today local citizens take violence prevention into their own hands. These local approaches often involve technology--including the use of digital mapping, crowdsourcing, and mathematical pattern recognition to identify likely locations of violence--but, as Bock shows, technological advances are of little value unless they are used by a trained cadre of community organizers. After covering general concepts in violence prevention and describing technological approaches to tracking conflict and cooperation, Bock offers five case studies that range from "low-tech" interventions to prevent ethnic and religious violence in Ahmedebad, India, to an anti-gang initiative in Chicago that uses Second Life to train its "violence interrupters." There is solid evidence of success, Bock concludes, but there is much to be discovered, developed, and, most important, implemented.
Author: Edwards III, Sam B.
Publisher: IGI Global
Release Date: 2014-07-31
Genre: Political Science
Networked communication technologies have drastically changed the relationship between States and their citizens. This fundamental shift has eased civilians’ ability to access information and organize groups like never before, creating the need to re-examine existing theories. Revolutionizing the Interaction between State and Citizens through Digital Communications evaluates the relationship between governments and their constituents, and how this relationship is impacted by emerging technologies. Discussing both developed and underdeveloped nations, this book provides a comparison for the ongoing shift in societies, serving as a critical reference for legal professionals, activists, government employees, academics, and students.
Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of ‘alternative justice’ and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.
Author: Ethan Katsh
Publisher: Oxford University Press
Release Date: 2017-03-09
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on four areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, and labor. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
This book constitutes revised selected papers from the two International Workshops on Artificial Intelligence Approaches to the Complexity of Legal Systems, AICOL IV and AICOL V, held in 2013. The first took place as part of the 26th IVR Congress in Belo Horizonte, Brazil, during July 21-27, 2013; the second was held in Bologna as a joint special workshop of JURIX 2013 on December 11, 2013. The 19 papers presented in this volume were carefully reviewed and selected for inclusion in this book. They are organized in topical sections named: social intelligence and legal conceptual models; legal theory, normative systems and software agents; semantic Web technologies, legal ontologies and argumentation; and crowdsourcing and online dispute resolution (ODR).
Author: Alexandra George
Publisher: Cambridge University Press
Release Date: 2012-03-12
What is "intellectual property"? This book examines the way in which this important area of law is constructed by the legal system. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. Intellectual property law thus constructs its own objects of regulation, and it does so through the application of a collection of core concepts. By analyzing the metaphysical structure of intellectual property law and the concepts the legal system uses to construct "intellectual property," the book sheds new light on the nature of this fascinating area of law. It explains anomalies between social and intellectual property uses of concepts such as authorship - here dubbed "creatorship" - and originality, and it helps to explain the role of intellectual property from a structural (rather than the traditional normative) perspective.
Author: Colin Rule
Publisher: John Wiley & Sons
Release Date: 2003-02-03
Genre: Business & Economics
In this original and highly useful resource, Colin Rule—a pioneer in the field of online dispute resolution (ODR)—shows how ODR can be used to resolve conflicts which inevitably arise both online and offline in business and commerce. Based on exclusive research and up-to-date best practices, Online Dispute Resolution for Business presents expert advice on how ODR can save time and money, offering timely suggestions and proven approaches for resolving business related conflicts online.