Online Dispute Resolution for Business B2B, ECommerce, Consumer, Employment, Insurance, and Other Commercial Conflicts

ISBN-10: 0787957313

ISBN-13: 9780787957315

Edition: 2002

Authors: Lang, Colin Rule

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Description:

This book shows how Online Dispute Resolution (ODR) can be applied in one large, but specific sector - business and commerce. The author presents expert analysis of how ODR works, with advantages and disadvantages for its exclusive or partial utilization for specific business situations.
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Book details

List price: $38.00
Copyright year: 2002
Publisher: John Wiley & Sons, Incorporated
Publication date: 9/30/2002
Binding: Hardcover
Pages: 326
Size: 6.75" wide x 9.50" long x 1.50" tall
Weight: 1.298
Language: English

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