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Preface | |
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Introduction | |
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The Growth of Alternative Dispute Resolution | |
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The Growth of Information Technology | |
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Online Dispute Resolution Meets the Needs of Modern Business | |
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The New Challenge: Online-Only Disputes | |
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The Growing Consensus Behind ODR | |
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The Goal of This Book | |
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The Plan of the Book | |
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What Is ODR? | |
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Overview | |
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A Brief History of ADR | |
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The Development of the ADR Field | |
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ADR and Business | |
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The Development of ODR | |
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A Brief History of ODR | |
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Using Technology for Dispute Analysis | |
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Technology as an Administrator and Organizer | |
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Technology and Communications | |
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The Arrival of the Internet | |
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Early ODR Experiments | |
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ODR and the Commercial Internet | |
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The Current State of ODR | |
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The End of the Internet? | |
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How ODR Works | |
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How Does ADR Work? | |
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From ADR to ODR | |
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Differences Between ODR and ADR | |
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Types of Online Communication | |
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Envisioning the "Fourth Party" | |
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Advantages of ODR | |
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Advantages for Disputants | |
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Advantages for Neutrals | |
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Advantages for Businesses | |
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ODR Disadvantages | |
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ODR and Business | |
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ODR: Essential to E-Commerce | |
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The Promise of E-Commerce | |
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The Unforeseen Challenges of E-Commerce | |
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Transboundary Transactions | |
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Providing Online Redress: ODR and B2C E-Commerce | |
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The Shortcoming of B2C E-Commerce: A Lack of Trust | |
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Types of B2C Transactions | |
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Provider Profile: SquareTrade | |
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Getting Consumers to Trust Online Transactions | |
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Key Considerations for B2C ODR Programs | |
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Credit Cards and Chargebacks | |
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Power Differentials Between Customers and Businesses | |
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What Is Happening Now | |
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Case Study: B2C Auction | |
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A Well-Lighted Place: ODR and B2B E-Commerce | |
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B2B Marketplaces: The Rise and Fall | |
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B2B Online Exchanges Need ODR | |
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Case Study: B2B Transaction | |
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Maximizing Efficiency: How ODR Can Help the Insurance Industry | |
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The Insurance Industry | |
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Insurance and ADR | |
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How ODR Works for Settling Claims | |
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The Emergence of Blind Bidding | |
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Provider Profile: Cybersettle | |
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Criticisms of Blind Bidding | |
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ODR and E-Commerce Insurance | |
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Case Study: A Rear-End Collision (Blind Bid and Settlement of a Subrogated Claim) | |
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Case Study: A Declaratory Judgment Dispute (Insurer versus Reinsurer and Online Arbitration) | |
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ODR and Employment: Resolving Workplace Disputes Online | |
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Human Resources and Dispute Resolution | |
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Case Study: Postal REDRESS | |
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The Virtual Workplace | |
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Getting Involved Early | |
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Turning over Sensitive Internal Matters to Outsiders | |
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ODR as an Employee Benefit | |
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Important Considerations | |
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Binding Employee Arbitration Clauses | |
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Case Study: Supervisor-Supervisee Difficulty | |
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Electronic Democracy: ODR and Government | |
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The Scope of Government | |
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Government and Technology | |
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ADR and the Government | |
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How ODR Can Assist Government | |
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Provider Profile: FMCS | |
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Case Study: RuleNet | |
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Multiparty Disputes | |
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How ODR Benefits Multiparty Processes | |
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Case Study: Addison Zoning | |
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Confidentiality and Privacy: Health Care and Finance | |
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The Nature of Privacy Violations | |
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New Privacy Legislation: HIPAA and the Gramm-Leach-Bliley Act (1999) | |
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Europe Leads on Privacy Protection | |
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What Does a Privacy Resolution Look Like? | |
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ODR Is the Best Way to Handle Privacy Disputes | |
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Provider Profiles: BBB and TRUSTe | |
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Case Study: Privacy Violation | |
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Building a Global Justice System: ODR and Transboundary Disputes | |
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A Transboundary Justice System: ICANN's UDRP | |
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Case Study: Bodacious-tatas.com versus Tata Sons, Ltd. | |
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Culture, Geography, and the UDRP | |
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New Pressures on the Domain Name System | |
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ICANN's Failings and the UDRP's Successes | |
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Other Transnational ODR Systems | |
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Provider Profile: eResolution | |
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Other Applications of ODR | |
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Class Actions | |
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Intellectual Property | |
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Advertising | |
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Construction | |
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Real Estate | |
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Family | |
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Education | |
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Case Study: Peer Mediation | |
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Designing Effective ODR for Business: Envisioning the Fourth Party | |
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Key Considerations: Designing ODR for People, Not Machines | |
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Disputants | |
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Neutrals | |
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Designing the Platform: Technology | |
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Strengths and Weaknesses of Online Communication Options | |
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ODR Technology Best Practices | |
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Summary | |
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Defining the Process: Setting Standards of Practice | |
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Elements of ODR Processes | |
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Standards for ODR | |
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Summary | |
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Frequently Asked Questions (FAQs) | |
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What Types of Disputes Best Utilize ODR? | |
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What Types of Disputes Should Avoid ODR? | |
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Can Online Communication Be Rich Enough to Resolve Disputes? | |
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How Can Neutrals Be Convinced of the Utility of ODR? | |
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When Should a Dispute Go to ODR? | |
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How Should Companies Advertise the Availability of ODR Services? | |
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Won't New Technology Eliminate Online Disputes? | |
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How Can Online Resolutions Be Enforced? | |
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How Much Should ODR Services Cost? | |
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Conclusion | |
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The Internet's Impact: Hype versus Substance | |
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The Future of Online Dispute Resolution | |
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Appendix | |
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Notes | |
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Suggested Reading | |
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Index | |
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About the Author | |