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Forum » Cyberweek Discussions (see Program page for descriptions) » ODR standards of practice » ODR Standards

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Author Topic: ODR Standards
FrankFowlie
Member
Posts: 6
Post ODR Standards
on: October 25, 2009, 16:21

The ODR Standards of Practice are contained within a document developed by the Fellows of the National Centre for Technology and Dispute Resolution. The document is found at

http://www.icann.org/ombudsman/odr-standards-of-practice-en.htm

The standards are available in 6 languages.

Both Pablo and I look forward to our discussions.

Cheers
Gabisz
Member
Posts: 17
Post Re: ODR Standards
on: October 26, 2009, 08:34

Hi! I am Gabriela from Buenos Aires. Thank you for posting the standards of practice, I have read them and found them interesting.

I would like to ask a question: is ICANN nowadays offering online dispute resolution services for any other issues than conflicts related to domain names?
I coudn´t find anything about other types of conflicts at the ICANN site, yet the standards of practice are directed to all types of conflicts.
Thank you for you answer!

Also, I would like to share with you the fact than in my country regarding domain names (ccTDLs) we don´t have any dispute resolution policy. I know there are projects but nothing applying yet, so cyberoccupation is a serious problem for us.

Also, if you agree, I would like to open a discussion also in spanish and post the standards of practice in the spanish version for spanish speakers to join us too.

Thank you very much!
Gabi

Abogada y Mediadora – Posgrado en Gestión de E-business – Georgetown University/ USAL

Lawyer and Mediator – E-business Management – Georgetown University/USAL
Pablo
Member
Posts: 10
Post Re: ODR Standards
on: October 26, 2009, 09:32

Dear Gabi,
ICANN per se does not resolve domain name disputes, they only enforce the UDRP decisions. Disputes regarding cybersquatting are resolved by dispute reslution service providers approved by ICANN (i.e. WIPO, NAF, CAC and ADNDRC). In addition, ICANN has an ombudsman (Frank) who deals with complaints arising out of actions or inactions of ICANN (See http://www.icann.org/ombudsman/) Frank will be able to provide more information about this.
I am surprised that Argentina does not use an equivalent to the UDPR. This must mean that cybersquatting disputes can only be resolved in the courts; clearly not the most cost-effective forum for these types of disputes.
I am sure that Frank will be happy if you bring this discussion and the ODR standards to the Spanish section.
Gracias,
Pablo
jsaviri
Member
Posts: 2
Post Re: ODR Standards
on: October 26, 2009, 20:13

Interesting document – thank you. Will blog further here:
http://coda-memorypalace.blogspot.com/2009/10/online-dispute-resolutions-standards-of.html
J

Internet Law lecturer
FrankFowlie
Member
Posts: 6
Post Re: ODR Standards
on: October 27, 2009, 00:32

Dear Gabi,

Thank you very much for your note. You have asked two very interesting questions.

ICANN’s Office of the Ombudsman is an online dispute resolution system. Please see http://www.icannombudsman.org Many of the documents relating to the office have been translated into Spanish.

The role of the Ombudsman is to investigate complaints about unfair treatment by the organization and its many supporting bodies, and staff.

The cctld (.ar) will set its own dispute resolution policies within its country code. As Pablo has explained, the top level domains, such as .com follow dispute resolution policies established by ICANN. Country code operators set their own polices.

I hope that helps
Gabisz
Member
Posts: 17
Post Re: ODR Standards
on: October 27, 2009, 11:05

Dear Pablo and Frank:
Thank you very much both for your answers. I did not know the Ombudsman´s role so thank you Frank for you explanation.
As Pablo said, in my country regarding cctdl (.ar) cybersquatting disputes can only be resolved by the courts… And if we choose to use a top level domain, (.com) and we need to solve a dispute, the dispute resolution service providers approved by ICANN, I believe in general are also expensive for us.
I look forward for a change in those matters.
Also, I believe that if finally our government decides to provide dispute resolution services (or to approve providers of the services) for domain names controversies ( for .ar), we will need to train neutrals.
I would like to know if you are familiar with trainee programs for neutrals.
Thanks a lot!
I will post the standards in Spanish!
Gabi

Abogada y Mediadora – Posgrado en Gestión de E-business – Georgetown University/ USAL

Lawyer and Mediator – E-business Management – Georgetown University/USAL
Pablo
Member
Posts: 10
Post Re: ODR Standards
on: October 27, 2009, 11:31

Dear Gabi,

As you already know fees are over 1,000 USD but this is certainly cheaper than resolving these disputes in the courts.

On a different point, it is interesting to note that Nominet, the UK body in charge of resolving domain-name disputes, has amended its policy to allow the delivery of summary awards with a reduced fee to default cases. And in the event of the case being disputed by the domain name holder, Nominet allocates the parties to a mediation process which takes place over the phone and generally last for two weeks. For more information check this link: http://www.nominet.org.uk/disputes/drs/mediation/.

I am not sure about the training of the third neutral parties but their CVs should be available online. They are often attorneys with an expertise on IP law, there are also some academics and other professionals. I presume that the approved bodies will give some training to the third neutral parties. I imagine that they role is quite straight forward: they just have to assess the evidence and write the decision. I mean, they don’t generally hold an online hearing. As for the mediators in the UK, I guess they have a more intensive training.

I hope this helps. Perhaps Frank can share more info about these issues.

Warm regards,

Pablo
JeffAresty
Member
Posts: 6
Post Re: ODR Standards
on: October 27, 2009, 12:02

http://docs.google.com/Doc?docid=0AVa03FHhgKcqZGQ3dDlxcHRfNTNuYzluMnFnaA&hl=en

At the meeting convened by Frank Fowlie and Ethan Katsh in Vancouver, a session was held where Dave Bilinsky moderated a group discussion on ODR best practices. The link to the Google document is above. We encourage your comments and participation.

Jeff Aresty

Social entrepreneur, currently teaching Ethan Katsh’s course on Law and WWW at U Mass
crule
Administrator
Posts: 17
Post Re: ODR Standards
on: October 27, 2009, 15:03

I think Cyberweek attendees will also be interested in the CEN CWA on ODR “CEN/ISSS Workshop Agreement on Standardisation of Online Dispute Resolution Tools” — check out the documents below:

Draft Standards:
http://peacetech.org/standards/1.doc

Endorsements:
http://peacetech.org/standards/2.doc

rah

I am the Director of Online Dispute Resolution at eBay and PayPal.
Guest
Member
Posts: 4
Post Re: ODR Standards
on: October 27, 2009, 16:27

Thank you, Colin, for your attachements…! The CEN workshop is an important contribution and the Standards of practice of the NCTDR are a crucial and indispensable document for all to have always in mind when trying to talk about this matter. Standards are, in my view, a core issue for the progress, growth and expansion of ODRs …. I would like to thank the initiative of settling this forum, and most of all, congratulate the efforts of the National Technology Center of the Univ of Massachusetts, an outstanding job, impressive…!!!

One sensitive issue about I am particularly concerned is the delimitation of independence, impartiality and neutrality often required to mediators and service providers. Three concepts that are used, sometimes, as synonym, others as complementary in the practice and also when enacting laws and regulations, … and I confess, I still have many doubts…. so if this point is of your interest, I would very much appreciate to know everyone’s insights. In order to do so and to design their boundaries or scope, I would suggest a kick off with two ideas that seem quite extended and accepted, please, feel free to delete, add, modify or simply discuss any single aspect:

Impartiality. Seem to be based on the idea of objectivity in reasoning and decision making, and would mean acting without prejudice, bias or influence. Related to the subjective side, a mental state of the mediator, arbitrator, conciliator or facilitator. Required always to individuals who provide dispute resolution services.

Independence. Referred to bodies and individuals who provide dispute resolutions services, points to the objective side, and demand not having conflict of interests, or even more, not having any type of personal or professional tie or relationship with the parties (the level of such requirement, its scope is, though, quite a controversial matter…). The independence seems not always required (depending on the nature of the ODR provider…).

Neutrality: well, since its also used, I also mention it, but … any suggestion?

Esther
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