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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 | |