Online Dispute Resolution Task Force

On this page you can meet the members of IMI’s Online Dispute Resolution Task Force, find the e-Mediation competency criteria, and view the task force terms of reference.

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Terms of Reference

To define online dispute resolution (ODR) and to assess and make recommendations on how to develop high level standards for the provision of ODR services, having regard to:

A.   the current development of mediation and other ADR tools in this field

B.   the importance of ODR as a mechanism for all forms of dispute resolution

C.   the emergence of legislation impacting upon ODR.

In particular, to study and make recommendations in relation to the following key areas, which have a long-term impact on the ODR sector:

1.   Examine the need and extent to which ODR practice should be self-regulated through an independent international credentialing scheme and how such self-regulation can be most effectively implemented, including:

1.1.COMPETENCY

1.1.1.   competency criteria (knowledge, skills and experience) that individual ODR practitioners should possess to practice in ODR;

1.1.2.   best practice and competency criteria (knowledge, skills and experience) for those advising or representing parties engaged in ODR;

1.2.   STANDARDS

1.2.1.   standards that need to be met by ODR service providers, ISPs, hosts, platforms and software to fully address the needs and protect the interests of users (considering security, privacy and data protection requirements alongside the need for record-keeping and data storage and the application of law and practice regarding confidentiality and formal/court systems of document discovery that may be relevant to electronically ‘shared’ confidential documents, and propose how each of these matters can be addressed);

1.2.2.   standards of trainings and codes of professional conduct.

1.3.   COMPLIANCE

1.3.1.   how compliance with such criteria can be effectively and economically assessed and monitored on a self-regulatory basis; and

1.3.2.   the need to develop a Code of Conduct and Disciplinary Process for ODR.

2.   Having regard to the growing use of ODR in cross-border dispute resolution and existing and planned government regulation in this field, identify the infrastructure needed to develop ODR standards on both national and international levels; assess the relevance of inter-operability, data import/export/migration and language translation.

3.   Propose other measures or initiatives to support the development of quality ODR.

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Online Dispute Resolution Task Force

TitleDescriptionVersionSizeHitsDate addedDownload
IMI QAP Competency Criteria for e-Mediators 125.06 kb58729-09-2017 DownloadPreview
Annex 1: IMI e-Mediation Core Competency Skills 89.17 kb56129-09-2017 DownloadPreview
Annex 2: IMI e-Mediation Core Competency Skills 111.47 kb48129-09-2017 DownloadPreview

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Members

Chairs: Ana Goncalves and Daniel Rainey

Ales Zalar
IMI Committees and Taskforces: Online Dispute Resolution
Approved
Ana Maria Maia Gonçalves

Lawyer, Teacher, Mediator and organizational developer, founder of Convirgente, President of Instituto de Certificação e Formação de Mediadores Lusófonos, Portugal.

Bill Scouller
IMI Committees and Taskforces: Online Dispute Resolution
Diana Wallis

Previously a Vice President of the European Parliament and one of the driving forces behind the EU Mediation Directive of May 2008.

IMI Committees and Taskforces: Online Dispute Resolution
Approved
Ethan Katsh
IMI Committees and Taskforces: Online Dispute Resolution
Graham Ross

UK lawyer and mediator, and recognised expert in the fast-developing field of Online Dispute Resolution (ODR).

IMI Committees and Taskforces: Online Dispute Resolution
James Walker

Founder of Resolver, the free online complaints resolution service assisting consumers to resolve issues with companies.

IMI Committees and Taskforces: Online Dispute Resolution
James C Melamed

Co-Founder/Director, Mediate.com - US

IMI Committees and Taskforces: Online Dispute Resolution
Jeffrey Aresty

President, Internet Bar Organisation (IBO)

IMI Committees and Taskforces: Online Dispute Resolution
Approved
Jeremy Lack

Lawyer specialized in international dispute prevention and resolution who advises a wide range of clients in a wide range of fields and industries, including mixed ADR processes.

Approved
Jessica Carter

Mediation Specialist - New Zealand. Jessica Carter is a conflict resolution specialist, mediator, coach and trainer.

IMI Committees and Taskforces: Online Dispute Resolution
Joanne Holland

Director, Small Claims Mediation - UK

IMI Committees and Taskforces: Online Dispute Resolution
Approved
Kevin Brown

President, Mediation International - Spain. Currently working internationally with UNDP in Conflict Prevention and Peace Building, facilitating political transition and training.

IMI Committees and Taskforces: Online Dispute Resolution
Approved
Kitty Duell

Mediator, Trainer, Coach. Member of IMI ODR Task Force, The Netherlands.

IMI Committees and Taskforces: Appraisal CommitteeOnline Dispute Resolution
Leah Wing

Co-director National Center for Technology and Dispute Resolution and Senior Lecturer, Legal Studies Program, Department of Political Science, University of Massachusetts/Amherst

IMI Committees and Taskforces: Online Dispute Resolution
Mike Lind

Chairman, LawStrategy - UK

IMI Committees and Taskforces: Online Dispute Resolution
Ross Paull
IMI Committees and Taskforces: Online Dispute Resolution
Vikki Rogers
IMI Committees and Taskforces: Online Dispute Resolution
Vincent Tilman
IMI Committees and Taskforces: Online Dispute Resolution

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Members with IMI profiles pending

  • Franco Conforti
    Director of Acuerdo Justo® – Spain Franco Conforti is a Lecturer in Negotiation at the Open University of Catalonia (UOC) and Director of Acuerdo Justo®. A consultant in Conflict Management and Director of the Communitary Social Mediation Service of the City Hall of Alicante, he holds a Bachelor’s Degree in Law, with both Italian and Argentinean citizenship, as well as a Research Aptitude in Doctoral Studies from UCLM. He is a member of the Research Group on Mediation and Social Intervention (GIMIS) at the University of Alicante (UA) and a Panellist on Dispute Resolution of the World Intellectual Property Organization (WIPO). He is an Arbitrator in the Galician Association of Arbitrage, Mediation and Equity in La Coruña, as well as a member of the Office of Ombudsman of the city of Buenos Aires. Franco Conforti holds a Master’s Degree in Mediation, specialising in Organizational Conflicts, by the Florida International University of Miami, USA.
  • Scott Cooper
    American National Standards Institute (ANZI) – USA Scott Cooper is VP for Policy and Government Relations at the American National Standards Institute (ANSI). He has responsibility for managing the development of ANSI policy positions and acts as liaison to Congress, as well as Federal and State legislative and executive agencies. He has been active in initiating programs on global supply chain governance for issues such as lead-free toys, food safety and drug counterfeiting, and in the development of robust, cheap and efficient home cookstoves for use in Asia, Africa and Latin America. Previous to this, he was federal government affairs manager in the Washington D.C., office of Hewlett-Packard and was responsible for global electronic commerce, Internet and advanced network services issues for HP. Scott has worked closely on U.S. legislation dealing with nanotechnology electronic signatures and authentication, telephone competition, Internet taxes and consumer protection issues, such as privacy. Before joining HP, Scott was director of Electronic Commerce at the American Electronics Association (AEA), and manager of Telecommunications Policy at Intel. He also worked for many years for the U.S. Congress. As professional staff for the Commerce Committee of the House of Representatives he had responsibility for the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the Interstate Commerce Commission (ICC). Scott has also taught and consulted for the University of Massachusetts in Amherst. He is currently teaching at the George Washington University, School of International Business, in their MBA program. From 1973-75 Scott built schools in the Andes Mountains of Ecuador for the Peace Corps. His undergraduate degree is from UC Berkeley, and his Masters is from George Washington
  • Pablo Cortés
    Professor of Civil Justice, University of Leicester – UK Licenciado (Vigo), LLM (Limerick), PhD (Cork) Member of the Spanish Bar, Ávila (non-practising), Certified as Catedrático in Spain (ANECA) Pablo Cortés has a chair in Civil Justice at Leicester Law School where he teaches and conducts research in the field of dispute resolution, civil procedure and consumer law. He has published three books in the field of technology and dispute resolution, and has been invited to speak in many international conferences in 17 different countries, including two keynotes. He has been invited to various expert meetings, including by the UN Commission for International Trade Law (UNCITRAL WG III), and to write reports and speak at public hearings by the European Commission (DG SANCO and DG JUSTICE) and the European Parliament (IMCO and JURI–Committee of Legal Affairs). He is a fellow of the National Centre for Technology and Dispute Resolutions (University of Massachusetts –Amherst) and in 2012 he was a Gould Research Fellow at Stanford University. He is a member of the ODR Advisory Group of the Civil Justice Council, which proposed the launch of the online court in England and Wales. He has been employed as a consultant for a number of organization, including to assist the European Commission in the drafting of the legislative proposals for the ADR Directive and the ODR Regulation. Pablo has recently completed two substantial research projects. The first one was a research grant awarded by the European Commission as part of a consortium of universities with the task of proposing legislative action to promote online mediation for civil and commercial matters. The second grant was awarded by the Nuffield Foundation to evaluate from a socio-legal perspective the main consumer ADR schemes operating in the EU. The research findings have appeared in an edited collection he coordinated: The Transformation of Consumer Dispute Resolution in the European Union (Oxford University Press, 2016) and in his forthcoming book The Law of Consumer Redress in an Evolving Digital Market (Cambridge University Press, 2017).
  • Dr Alberto Elisavetsky
    Founder and Director of Online Dispute Resolution, Latin America Dr. Alberto Elisavetsky is the Founder and Director of Social Network Online Dispute Resolution Latin-American, the Director of Social Conflict Observatory & Postgraduate Online Dispute Resolution Program in Spanish the National University of Tres de Febrero Buenos Aires Argentina, the Chairman of e-MARC Alternative Dispute Resolution Worldwide Online Spanish Congress, the scientific committee member of the Master in Conflict Resolution University Degli Studi Di Padova Italy, the Co-Director of “School mediation program” University of Las Palmas of the Gran Canaria Spain, the Founder and CEO of “Simediar”–an online mediation simulation project, and the Cyber week coordinator of the Spanish, Italian, and Portuguese chapters, Spanish Editor Mediate.com & weblog Electronic Dispute Resolution, Fellow of the National Center for Technology and Dispute Resolution (NCTDR). www.odrlatinoamerica.com | www.simediar.com | www.resolucionelectronicadedisputas.com | www.e-marc.net | http://mediate.com/espanol/
  • Frank Fowlie
    Ombudsman, WMO (Formerly ICANN) – Canada Dr. Frank Fowlie is International Organization for Migration (IOM) Ombudsman. He was the CEO of www.internetombudsman.biz prior to joining IOM. Internetombudsman.biz provides a unique and innovative shared service to New Top Level Domains who are New gTLD applicants with the Internet Corporation for Assigned Names and Numbers (ICANN). This service provides an affordable and practical opportunity for New TLDs to provide innovative registrant protection and dispute resolution services. Frank was the inaugural Internet Corporation for Assigned Names and Numbers (ICANN) Ombudsman. He was the Ombudsman between November 2004 and February 2011. ICANN is an internationally organized, non-profit corporation that has responsibility for managing the domain name system. Frank is the organization’s inaugural ombudsman and has been the ombudsman since November 2004. As the ombudsman, Frank is a member of the International Ombudsman Association, the Forum of Canadian Ombudsman, the International Ombudsman Institute and the United States Ombudsman Association. Frank is an alumnus of the University of Manitoba, University of Regina, and Royal Roads University where he earned a Master of Arts in Conflict Analysis and Management. He has taken training as a negotiation instructor at the Program on Negotiation at Harvard Law School and is an associate faculty member of Royal Roads University. Frank was previously employed with the United Nations, where he was on Mission Staff in East Timor for two years. He was the deputy administrator for the capital city, and was appointed as the UN’s Olympic Games Officer, taking the world’s newest country to the Sydney Olympics. Frank’s professional background includes being an Ombudsman Officer with the British Columbia Ombudsman’s Office; Senior Advisor with the Financial Consumer Agency of Canada; Saskatchewan Social Services, and as a Policing Policy Advisor to the BC Attorney General. Frank began his career as a member of the Royal Canadian Mounted Police. Frank is involved in volunteer activities, such as the Canadian Olympic Committee; Olympic, Commonwealth and Pan American Games; and the Royal Life Saving Society. He is the co-author of, “Prayer Road”, a book about the Olympic Games and East Timor.
  • Martin Gramatikov
    Head of Measurement & Evaluation, The Hague Institute for the Internationalisation of the Law – Bulgaria/NL Dr. Martin Gramatikov is the Head of Measurement and Evaluation at HiiL Innovating Justice. He has a law degree and PhD in political science. His main area of expertise is quantitative empirical legal research. Martin specialises in conducting large-scale justice needs surveys; measurement of how people perceive justice; and impact evaluations of access to justice and dispute resolution programmes. He managed research projects in more than 20 countries around the world. Currently, together with his colleagues at HiiL he conducts justice needs studies in Yemen, Mali, The Netherlands and Indonesia. Martin also works on enhancing the existing indicators of Rule of Law as well as the application of Big Data in justice. Martin is member of the Scientific Committee of the European Union Fundamental Rights Agency.
  • Patric Illigen
    President, Euro-ODR – Germany Patric Illigen, lecturer, supervisor, President of Euro-ODR LTD, director of the German Mediation Academy, Essen Born in 1971. Patric Illigen began his professional career with his training as an officer in the troops serving as Engeneering-Officer in the 1st Mountain Division in Munich and Ingolstadt. He then studied part-time, in addition to his work in the HypoVereinsbank in Munich, economic engineering with emphasis on “International Management”. From 1998 to 2007, he worked in various companies as a senior manager and chief executive, his special interest was in education and training of personnel, as well as in the design of training courses at the university level. After his education to a businessmediator at the Chamber of Industry and Commerce (IHK) Patric Illigen founded in 2008 the Accanis Ltd, an international service provider for mediation and mediators. In the following years, the expanded Accanis Ltd by several parts, for example, in 2011 the “European Mediation Network” with now has 60 partners in 11 countries, as well as the “Bergische Mediationszentrum” being part of the Accanis-Group. In 2013 Patric Illigen founded the German Mediation Academy in Essen, which director and director of science he is. In the context of this activity he is inter alia. He is an author of various trainings about mediation and nationally and internationally recognized training courses related to the use of mediation and online-mediation. As a part of the reorganization in spring 2014 the Accanis LTD was dissolved. The German Mediation Academy is now part of the Euro-ODR LTD-Group which, in addition to the Euro-ODR Ltd as a global ODR-provider, the Euro-ODR Services GmbH, the leading service provider for ADR and ODR in Europe under the direction of Sylvia Illigen belongs. The Euro-ODR LTD is one of the biggest and leading ODR- provider running over 70 specialists in more than 14 languages to resolve online smaller and larger conflicts all over the world. Patric Illigen made special international experience with his announcement as the accountant of the EU-founded project “EuroNetMed” in 2011 to 2012. In addition since summer 2012 he operates the ODR-platform MESUTRAIN, a comprehensive system for realization of Online-Mediations, Online- Supervisions as well as working national and international as a leading specialist for trainings for mediators and coaches. As a lecturer for mediation and online-mediation Patric Illigen is always booked on major national and international conferences or hold lectures at fair-related around the mediation. In particular as a specialist for online mediation/ODR Patric Illigen is an internationally sought-after expert and is regarded as one of the leading pioneers of the online-based mediation in Europe and beyond. Since October 2013 Patric Illigen is mainly responsible for the global training of trainers and neutrals at ODR-providers for the ODR-system “YOUSTICE”. As an author Patric Illigen has already written many books in the context of the mediation, in addition, he regularly published articles and essays in various trade magazines.
  • Zbynek Loebl
    CEO, Youstice – Czech Republic/Slovakia CEO and founder of Youstice – launched the company as a globally available tool for efficient resolving shopping issues. His experience with alternative dispute resolutions originates from managing the development of European ADR Centre at the Czech Arbitration Court. Zbynek has a 11+ years of knowledge regarding e-commerce, gained as Head of E-Economy Practice Group at Central European Advisory Group.
  • Rafal Morek
    Adjunct Professor, University of Warsaw – Poland
  • Ijeoma Ononogbu
    Ijeoma is an Arbitrator and Solicitor of the Senior Courts of England & Wales, with expertise in International Dispute Resolution. Her specialisms includes Litigation, Arbitration, Mediation, Conciliation, Negotiation and Online Dispute Resolution (ODR). Ije has extensive experience in Arbitration and ODR. A member of various dispute resolution organisations both nationally and internationally, amongst them Fellow of the Chartered Institute of Arbitrators ( FCIArb), Fellow of the National Center for Technology and Dispute Resolution of the University of Massachusetts, Amherst, USA. She is also the Chartered Institute of Arbitrators Delegate to the UNCITRAL Working Group III on ODR at the United Nations.
  • Mirèze Philippe
    Special Counsel, Secretariat of the ICC International Court of Arbitration Mirèze Philippe is Special Counsel at the Secretariat of the ICC International Court of Arbitration and has joined the ICC in 1984. She is a French lawyer of French and Lebanese origin. She holds a post-graduate degree in Business law and a master in Business Administration. She speaks English, French, Arabic, German and understands Spanish. After having administered several hundreds of procedures including scrutinizing awards within one of the arbitration teams, Mirèze was promoted to Special Counsel. Alongside IT engineers she helped develop the NetCase platform to conduct arbitration procedures in a secure online environment. She has since then specialized in online dispute resolution. Additionally, she has helped foster ICC Arbitration in the Middle East by traveling throughout the region giving lectures and teaching workshops; she has drafted mock cases and moderated numerous arbitration workshops; she has contributed to an ICC arbitration online training and a training and an incentive programme for ICC National Committees. She is currently mainly in charge of coordinating internal practices, overseeing a legal training programme and is in charge of the internship programme at the Secretariat of the Court. She taught arbitration at the Conservatoire Nationale des Arts et Métiers (Paris, France) and at the International Development Law Organization (IDLO) (Rome, Italy). She teaches online dispute resolution at the MOOC diplôme universitaire en ligne Droit de l’Arbitrage (Montpellier, France) and at the Swiss International Law School (SiLS) (Basel, Switzerland). She participates to the Willem Vis International Commercial Arbitration Moot as evaluator or arbitrator. She is founding co-president of ArbitralWomen (www.arbitralwomen.org), member of the Steering Committee of the Equal Representation in Arbitration Pledge (www.arbitrationpledge.com), member of the Board of Advisors of Arbitrator Intelligence (http://www.arbitratorintelligence.org), member of the Advisory Board of Association Arbitri (http://associationarbitri.com), Member of the Editorial Board of International Journal of Online Dispute Resolution, fellow of the National Center for Technology and Dispute Resolution (“NCTDR”) (http://odr.info/). She was also member of the UNCITRAL Working Group III on ODR.
  • Orna Rabinovich-Einy
    Professor, University of Haifa – Israel Orna Rabinovich-Einy is an associate professor at the Faculty of Law at the University of Haifa. Her areas of expertise are alternative dispute resolution (ADR), online dispute resolution (ODR), and civil procedure, with research focusing on the relationship between formal and informal justice systems, dispute resolution system design and the impact of technology on dispute resolution. She is a fellow of the Haifa Forum of Law and Society, the Haifa Center for Law and Technology, and the Center for Information Technology and Dispute Resolution at UMass, Amherst. Rabinovich-Einy holds a doctorate in Law (J.S.D.) degree from Columbia University. She was admitted to the Bar in Israel (1998) and New York (2001) and was certified as a mediator in New York by the Safe Horizon Mediation Center (2003).
  • Mr Aditya Shivkumar
    Advocate, Co-Founder, Mediateitonline – India Aditya Shivkumar is an Advocate practising in the High Court of Madras since early 2010. Upon completion of his studies in the United Kingdom, Aditya returned to Chennai to pursue a career in Litigation. Perhaps fortuitous that he has worked with some of the best brains in the field. He shadowed Mr P S Raman, Former Advocate General for about a year where he picked up the finer nuances of litigation, plus an exposure into various genres of law. He assisted him in several important matters, more particularly cases that involved disputes concerning the Board of Control for Cricket in India. After a brief but insightful experience with Mr P S Raman, Aditya further expanded his legal knowledge by joining one of the best-known minds in Civil Law in the country, Mr S Parthasarathy, Senior Advocate. During his stint, he has routinely appeared for clients in Civil Disputes before the High Court. Since late 2012, Aditya has become independent routinely advises clients on a varied range of issues involving Banking and Commercial Laws, Sports Law and Constitutional Law. He specialises in Writ work coupled with Sports Law. He has recently co-authored an article ‘Roll of a Dice-Sets the ball in Motion’ which calls for legalising of betting in sport. This Article has received wide acclaim and has been published in the Country’s apex law journal: Supreme Court Cases. Aditya is an associate of Justice Mukul Mudgal, architect and the founding father of Sports Law in India. Aditya is an Accredited Mediator having picked up the qualification with Clerksroom-England. In addition to his duties as a litigator, Aditya Shivkumar is a co-founder of Mediateitonline, a company that pioneers in Online Dispute Resolution. Mediateitonline offers state of the art online mediation technology to organisations, court services and mediation providers across the globe. Aditya was elected to represent his country India at the Future World Leader Summit at Washington DC in 2005.
  • Mohamed S. Abdel Wahab
    Professor, Cairo University – Egypt Dr. Mohamed S. E. Abdel Wahab (MCIArb), Licence en Droit (CAI), LL.M (CAI), MPhil (MAN), Ph.D (MAN), CIArb Dip. International Commercial Arbitration (Baliol College, Oxford University – Chartered Institute of Arbitrators), European Law Course (King’s College, London University) has broad and extensive experience as an ODR expert and in commercial and investment arbitration and expert determination proceedings across the economic and business spectrums, including energy, construction, telecommunications, information technology, pharmaceuticals, hospitality and hotel management, sale of goods, banking, and finance sectors. Dr. Abdel Wahab also holds a number of academic visiting posts in Egypt, the UK, and the USA, where he teaches Comparative Commercial Arbitration, English Contract law, Comparative Law, Online Dispute Resolution, and Conflict of Laws. Dr. Abdel Wahab is an Adjunct Professor of Law and International Commercial Arbitration (Indiana University, USA), and Faculty Coordinator for the Indiana University LLM Program in Business and Comparative Law in Egypt. Dr. Abdel Wahab is an Adjunct Professor of Arbitration at the American University Construction Law and Arbitration Course (CLAC 045), a Fellow of the National Centre for Technology and Dispute Resolution at the University of Massachusetts, Amherst, USA, and Associate Member of the Centre for Private International Law at Aberdeen University

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