October 30, 31, and November 1, 2009 & November 13, 14, and 15, 2009

The term "online dispute resolution" (ODR) is the product of an observation that

was made in the mid-1990's about the nature of "new" disputes that were being

created through the use of ICT - Information and Communication Technology. The

observation was direct and powerful - by the increasing use of ICT, we were

creating a cyber-environment (the Internet) and cyber-transactions different from

the transactions we were used to in the "real" world. We were also creating conflict

different in nature than the conflict created in that real world. The classic example,

and the “proof of concept” for ODR, was and is eBay. A buyer in Scotland and a

seller in Iowa may have a conflict over an online transaction and find it physically

impossible to engage in mediation or other types of dispute resolution.

Additionally, there may be no clear legal authority to help them settle the dispute.

For individuals in this position, some online dispute resolution system is the only

game in town. Since the 1990’s, the pace of change and our reliance on ICT for

social interaction and communication have increased, and the place of ODR in the

field of dispute resolution has been, to some degree, established. In the 1990’s

there were literally a dozen or so individuals who were talking about and

implementing ODR programs. At the 2009 International ODR Forum in Haifa,

Israel, over 300 practitioners from all over the world attended to discuss ODR and

share their experiences.

We will talk in class about the early experiments resolving online conflicts created

online, and where those experiments have led over the past decade or so. More

importantly, we will discuss the impact of technology on the resolution of disputes

that are not created online, but which lend themselves to resolution online, and

perhaps most importantly we will discuss why I believe the application of

technology to all types of disputes has made general use of the term ODR a

problem. There certainly are still disputes created and resolved online - true ODR -

but ICT has progressed so far and has become integral to human communication in

so many ways, it is now possible to argue that the application of technology to

dispute resolution is simply the direction in which ADR, as a field, has evolved in

the early 21st Century.

Even if one takes the position that all ADR is now influenced by the use of

technology, there are many questions about how and when to apply ODR

technology to disputes. Do the rules of offline ADR apply to the use of ODR

technology? How does technology change the “at the table” equation? Can dispute

resolution efforts be effective when parties are not face-to-face? How can offline

neutrals best translate their skills to the online environment? What role can ODR

technology play in peace-building? What part does ODR have to play in the

development of virtual worlds and virtual communities? We will discuss all of

these questions as part of the dialogue in this course.

A complicating factor in any discussion of ODR technology is the fact that not all

applications of technology to dispute resolution have to be online. In this course

we also will discuss some applications that are very effective and useful when

applied offline.

Another complicating factor related to the growth of ODR and the application of

technology to dispute resolution is a growing body of “digital natives” using

technology as an integral part of their everyday lives. These “digital natives” pose

interesting problems for “digital immigrants” who have not, and probably will not,

integrate technology into their lives in as complete a manner.

In this course we will examine the questions outlined above through readings and

discussions in some general areas:

online/offline dispute resolution;

In the process of considering these issues, we will look at many of the major

providers of ODR technology, examine some of the major ODR initiatives around

the world, and do hands-on work with ODR and dispute resolution technologies.

Course content will consist of online and offline material. Readings will be posted

online, and there will be a series of discussions, some online and asynchronous and

some in "real" time, with guests from some of the leading institutions and

corporations involved in ODR, worldwide.

1. Students will learn to define online

dispute resolution and understand the

relationship between technology and all

forms of dispute resolution.

Related articles will be provided so

students can identify the theories

associated with and the skills

necessary for engaging in online

dispute resolution.

2. Students will learn the differences in

practice between traditional ADR and

ODR.

Discussions with leading figures in the

field of ODR, plus in-class exercises

designed to generate ODR material will

be used to highlight the special issues

of practice associated with ODR.

3. Students will learn the structure and

conduct of ODR and the skills

necessary to apply theoretical material

to online conflict scenarios.

Students will form teams to experience

ODR sessions as third parties and as

parties through realistic ODR cases.

Students will be graded on:

1) In-Class Participation: Class members are expected to attend all six face to

face meetings of the class and to participate fully in discussions,

presentations, and case simulations. (Maximum = 50 points)

2) Online Participation: Class members are expected to actively contribute to

each online discussion forum and, as part of a work group, lead a discussion

of major issues or questions raised by the online discussions. (Maximum =

15 points)

3) In-Class Presentations: Class members, in teams, will be expected to lead

the entire class in a discussion of selected articles related to ODR theory and

practice. Each team will be assigned a common grade for the presentation.

(Maximum = 15 points)

4) Writing Assignment: Class members will be asked to write, in teams, a

short paper (approximately 10 pages) identifying a dispute resolution venue

in which technology is not being used, but could be used, and suggesting

ways to integrate technology into the chosen venue. The paper will be

produced online using a single text program, to be finished no later than

December 21, 2008. (Maximum = 20 points, awarded as groups)

The following scale, based on the department standard, will be used to calculate

final grades:

94 – 100 = A

90 – 93 = A-

87 – 89 = B+

84 – 86 = B

80 – 83 = B-

77 – 79 = C+

74 – 76 = C

The information below is required content for all SMU syllabi – the language is

taken from standard university guidelines.

Disability Accommodations: Students needing academic accommodations for a disability must

first contact Ms. Rebecca Marin, Coordinator, Services for Students with Disabilities (214-768-

4557) to verify the disability and establish eligibility for accommodations. They should then

schedule an appointment with the professor to make appropriate arrangements. ( See University

Policy No. 2.4.)

Religious Observance: Religiously observant students wishing to be absent on the holidays that

require missing class should notify their professors in writing at the beginning of the semester,

and should discuss with them, in advance, acceptable ways of making up any work missed

because of absence. ( See University Policy No. 1.9.)

Handbook. Intellectual integrity and academic honesty are both the foundation and the goals for

this program. Please reference and review the university policies on the responsibilities, policies,

and penalties regarding academic honesty at the URL below:

http://www.smu.edu/studentlife/PCL_05_HC.asp

Class Decorum: Turn off (or set on vibrate) all cell phones or pagers. Do not read newspapers,

books for other classes, or other outside reading material during class. Walking into class late is

disruptive as is leaving early. If you have to leave early, make arrangements before class begins,

and then, when you leave, do so quietly. Professional respect and courtesy for your fellow

students is imperative at all times.