The explosive growth of alternative dispute resolution and e-commerce has led to an innovative hybrid—Online Dispute Resolution (ODR). Internet and Dispute Resolution: Untangling the Web shows you how ODR works and how it is already transforming dispute resolution in both business-to-business and business-to-consumer transactions.
This book explains how alternative dispute resolution (ADR) first moved online, how it evolved, and how ODR is now being applied. The authors bring you in-depth discussion of the legal issues raised by this trend, including questions involving jurisdiction; conflicts of law; e-commerce regulations; privacy; consumer protection; and security. You'll find out about the different types of ODR methods and how to incorporate them into your practice. You'll also benefit from a helpful survey of ODR providers around the U.S. and internationally. This complete treatment of ODR is both an excellent introduction to this increasingly popular technique and a useful manual for practitioners.
Moving ADR Online: The Internet Synergies, Enhancements and Problems
An Overview of Alternative Dispute Resolution in the Offline World
Online Dispute Resolution Methods
ODR: A Practice Guide
The Confluence of E-Commerce and ODR
The Nature of E-Commerce
Establishing Jurisdiction Over E-Businesses — Problems and Conflicting Pulls at Home and Abroad
Regulating E-Commerce: Current Schemes, Proposals for the Future and the Role of ODR
Dispute Prevention: Privacy, Security and Consumer Protection Concerns
Designing an ODR System: Issues and Proposals
Recommendations and Predictions
Mr. Solovay is currently Chair of the Alternative Dispute Resolution practice at McLaughlin & Stern, LLP. After a long career as a litigator of cases ranging from business and personal divorces through security fraud class actions and antitrust cases he now heads a practice dedicated to avoiding or ending litigation wherever possible. His Department, when the standbys of mediation and arbitration are not a good fit, also utilizes increasingly popular settlement techniques such as collaborative law, med-arb, and settlement counsel. It serves as either neutral, counsel to one side in a dispute and/or as drafters of the most suitable dispute resolution contract clauses.
Mr. Solovay obtained his B.A. at Cornell University and, following service as a Lieutenant in the Korean War, graduated from Columbia University where he was a Harlan Fiske Stone Scholar and Law Review Editor. Commencing out of law school as an associate at what was then Rosenman, Goldmark, Colin & Kaye, he went on to serve as Law Secretary to then Justice Charles D. Breitel, following which for many years he headed the Litigation Department of Holtzmann, Wise & Shepard, whose clients included Allen & Company and the Onassis interests and whose managing partner was Chair of the American Arbitration Association.
Cynthia Reed is a 1990 graduate of the University of Minnesota Law School. A solo practitioner as well as a trained mediator, she previously served as a trial attorney for the Civil Division of the U.S. Department of Justice. Ms. Reed is a member of the New York and New Jersey bars.