Law Times

PAGE 10 FOCUS December 7, 2009 • Law Times ODR offers time and cost savings BY DARYL-LYNN CARLSON For Law Times I n an age when computers make virtually anything possible, it's not surpris- ing that technology is now en- abling alternative dispute reso- lution practitioners to settle matters regardless of where the parties are. Using a process called online dispute resolution (ODR), par- ties can connect with each other via the Internet, thereby sav- ing signifi cant time and money they'd otherwise spend in order to meet face to face. ODR in Canada has seen an increase in popularity during the past fi ve years, says Allan Stitt, president of ADR Chambers. Along with his fi rm, a number of alternative dispute resolution companies have launched across Canada with a focus on services using ODR. Stitt also points to the founding eight years ago of the International Forum on Online Dispute Resolution, an event that takes place in a diff erent country each year, as an indication of how practitio- ners are leveraging technology to save costs. It's also a sign of how the use of ODR is on the rise around the world. "ODR is a broad name for any use of the Internet to re- solve disputes," Stitt says. "But all you need is the Internet." In some circumstances, sim- ply sending an e-mail to resolve a dispute can be referred to colloquially as ODR. But for disputes such as complex com- mercial matters, there are many options for using ODR. At ADR Chambers, for example, the fi rm facilitates online me- diation, which is also known as e-video mediation. As part of the e-video pro- cess, it provides clients involved in a dispute with a webcam so the parties can see and hear each other. At any point, if need be, Next year, Allan Stitt's firm is launching a new product designed to help people agree on a settlement amount online through a blind negotiation process. the mediator can allow a party to move to another room to talk privately. Th rough ADR Chambers' technology, there is also an easy way for parties to draft their settlement document jointly or brainstorm ideas. As a result, the e-video mediation can be expeditious and inexpensive. "Th ey have the choice of doing it by conference call or travelling to one location," Stitt says. "Or this way, you can have people in diff erent parts of the world involved." ODR is particularly advanta- geous when the parties involved are located in diff erent time zones. In that case, it's relatively easy to link in to the mediation even from home. Next year, ADR Chambers is launching a new product de- signed to help parties agree on an amount for which they will settle their dispute, says Stitt. Th e product, called Cham- ber Settle, requires parties to type in three diff erent amounts for which they would be willing to settle and identifi es the dif- ference without disclosing each party's fi gure. "If two people who had a money dispute went up to each other at the beginning and said, 'Here's my bottom line,' a dis- pute might not even happen," Stitt says. "But people don't want people to know their bot- tom line." With Chamber Settle, "Each side is allowed to make three off ers to settle. One is an ideal off er, the second is a substitute, and the third is their actual bottom line." Th e program compares each party's off er and, if they overlap, the system will notify them that they have a deal. "If you don't reach a deal, you will never know what the other side off ered," Stitt points out. "If you don't settle, the cost is free," he adds. "If you do, it's $175 per party, so there's never any downside through using it." Stitt and others who use ODR say it's the way of the fu- ture for the practice of ADR. Besides the obvious cost Settle your disputes Commercial Arbitration in Canada: A Guide to Domestic and International Arbitrations Addresses both the statutory and common law context within which international and domestic arbitrations are conducted in Canada. It considers issues arising from the interrelationship between arbitral and judicial proceedings. It also covers the availability of stays of proceedings and rights of appeal. Looseleaf & binder • $210 • Releases invoiced separately (1-2/yr) P/C 0120030000 • ISBN 0-88804-395-3 The Corporate Counsel Guide to Dispute Resolution From the general introduction of basic terms and concepts to the detailed description of dispute resolution processes, this book is a must-have. Perfectbound • 225 pp. • 1999 • $69 P/C 0667010000 • ISBN 0-88804-289-2 Dispute Resolution in the Insurance Industry: A Practical Guide The first book to use industry-specific examples, techniques and strategies, this guide provides the insurance industry with the practical knowledge needed to effectively represent clients. Perfectbound • 200 pp. • 2000 • $65 P/C 0943010000 • ISBN 0-88804-346-5 Family Mediation: A Guide for Lawyers This comprehensive guide provides a clear understanding of the major concepts of family mediation, including practices and procedures. Perfectbound • 183 pp. • 1999 • $60 P/C 0944010000 • ISBN 0-88804-308-2 Mediating Commercial Disputes A masterful examination of how to handle and conduct mediation effectively in today's complex business world, providing practical tips and interesting anecdotes to guide you along the way. Perfectbound • 232 pp. • 2003 • $60 P/C 0219010000 • ISBN 0-88804-400-3 Mediating Employment Disputes Discusses the various considerations involved in each stage of the mediation process and how to deal with special issues such as public interest matters, multiple party disputes and animosity amongst parties. Perfectbound • 176 pp. • 2001 • $59 • P/C 0672010000 ISBN 0-88804-327-9 • Visit our Web site in April for a 20% discount Mediating Estate Disputes Provides practical advice and offers a thorough analysis of estate mediation issues in Canada, including special coverage of capacity disputes, will challenges and dependants' support claims. Perfectbound • 158 pp. • 2003 • $63 P/C 0935010000 • ISBN 0-88804-406-2 NEW! Negotiation: The Art of Mutual Gains Bargaining, Second Edition No other book focuses on the negotiation aspect of collective bargaining from a co-operative mutual-gains perspective. Fully illustrated with practical and current examples, this resource analyzes and prescribes strategies, tactics and checklists for the benefit of both parties involved. Perfectbound • Approx. 200 pp. • December 2009 • $68 P/C 0712010002 • ISBN 978-0-088804-493-8 Workplaces that Work: A Guide to Conflict Management in Union and Non- Union Work Environments A practical guide to dispute resolution in both the union and non-union workplace. It offers quantitative solutions to managing workplace conflict through tools such as the Testing Instrument for Fairness Systems, among others. Perfectbound with CD-ROM • 352 pp. • 2006 • $89 P/C 0143010000 • ISBN 0-88804-445-3 and time benefi ts, the process is secure. It also has a defi nite green aspect due to the minimal amount of paper and transpor- tation involved. Mark Shapiro, a lawyer with the fi rm Solomon Grosberg LLP, says he used the e-video method recently to mediate a commercial dispute involving a relatively large sum of money. "It was surprisingly seam- less, as if we were all in the same city," says Shapiro. "I think they were in Ottawa, but they might have well been in New Zealand." He admits that initially he was "a little apprehensive" at the prospect of conducting the mediation online. "But it proceeded as any other media- tion," he says, noting it made a big diff erence in aff ordability. Th e cost savings also contrib- uted to the parties' willingness to reach a settlement quickly. "Because we kept the costs down, we were able to resolve it that same day. We were able to scan in and e-mail all the settle- ment documents, so we left af- terwards and everyone had their settlement documents and that was the end of it," says Shapiro. "I look forward to using it again and I can certainly see the day where more mediations are done that way no matter where the parties are. "For any litigation that in- volves parties that aren't in the same city, it's got to be the way of the future." LT Clarifi cation A Nov. 23 article entitled "Lawyer provides diverse expertise" incorrectly For a 30-day, no-risk evaluation call: 1.800.565.6967 CA012 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com CA012 (LT 1-2x4).indd 1 12/2/09 10:09:19 AM LT1207 stated that Roxie Gray- stone was certifi ed as an environmental law spe- cialist. In fact, Graystone is a practising lawyer who is also accredited as a Ca- nadian Certifi ed Environ- mental Practitioner. Barry Kuretzky and Jennifer MacKenzie J. Kenneth McEwan, Q.C. and Ludmila Barbara H erbst Susan A. Easterbrook and Francine A. H erlehy David Corry and Courtenay Mercier Genevieve A. Chornenki Anne E. Grant Cinnie Noble Allan J. Stitt Blaine Donais

• Cover
• Bar Liability
• Cadillac Treatment
• Focus On ADR/Mediation