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The New Handshake: Online Dispute Resolution and the Future of Consumer Protection


Level: Advanced
Runtime: 91 minutes
Recorded Date: May 29, 2018
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Agenda


  • What is ODR?
  • Online consumer advocacy
  • Ethical considerations for online resolution
  • Case studies
  • A global redress system
Runtime: 1 hour and 31 minutes
Recorded: May 29, 2018

Description

In this program, panelists will propose a design to provide fast and fair resolutions for low-dollar claims, such as those in most B2C transactions. This system is designed to operate independently of the courts, thereby eliminating procedural complexities and choice of law concerns. Furthermore, it can be integrated directly into the websites where transactions take place. It provides consumers with free access to remedies while saving businesses from costs and complexities of court.

This program was recorded on May 29th, 2018.

Provided By

American Bar Association

Panelists

Colin Rule

Vice President, Online Dispute Resolution
Tyler Technologies

Colin Rule is Vice President for Online Dispute Resolution at Tyler Technologies. Tyler acquired Modria.com, an ODR provider Colin co-founded, in 2017. From 2003 to 2011 Colin was Director of Online Dispute Resolution for eBay and PayPal. He has worked in the dispute resolution field for more than 25 years as a mediator, trainer, and consultant. He is currently Co-Chair of the Advisory Board of the National Center for Technology and Dispute Resolution at UMass-Amherst and a Non-Resident Fellow at the Gould Center for Conflict Resolution at Stanford Law School.

Colin co-founded Online Resolution, one of the first online dispute resolution (ODR) providers, in 1999 and served as its CEO (2000) and President. In 2002 Colin co-founded the Online Public Disputes Project (now eDeliberation.com) which applies ODR to multiparty, public disputes. Previously, Colin was General Manager of Mediate.com, the largest online resource for the dispute resolution field. Colin also worked for several years with the National Institute for Dispute Resolution (now ACR) in Washington, D.C. and the Consensus Building Institute in Cambridge, MA.

Colin has presented and trained throughout Europe and North America for organizations including the Federal Mediation and Conciliation Service, the Department of State, the International Chamber of Commerce, and the CPR Institute for Dispute Resolution. He has also lectured and taught at UMass-Amherst, Harvard, Yale, Stanford, Pepperdine, Southern Methodist University, and Santa Clara University.

Colin is the author of Online Dispute Resolution for Business, published by Jossey-Bass in September 2002, and The New Handshake: Online Dispute Resolution and the Future of Consumer Protection, published by the ABA in 2017. He has contributed more than 50 articles to prestigious ADR publications such as Consensus, The Fourth R, ACResolution Magazine, and Peace Review. He serves on the boards of the Consensus Building Institute and the PeaceTech Lab at the United States Institute of Peace. He holds a Master’s degree from Harvard University’s Kennedy School of Government in conflict resolution and technology, a graduate certificate in dispute resolution from UMass-Boston, a B.A. from Haverford College, and he served as a Peace Corps volunteer in Eritrea from 1995-1997.

Amy Schmitz

Professor
University of Missouri School of Law

Professor Amy J. Schmitz joined the University of Missouri School of Law faculty as the Elwood L. Thomas Missouri Endowed Professor of Law in 2016. Previously she was a professor at the University of Colorado School of Law.

Prior to teaching, Professor Schmitz was in private practice with large law firms in Seattle and Minneapolis. She also served as a law clerk for the Honorable James B. Loken with the U. S. Court of Appeals for the Eighth Circuit.

Professor Schmitz teaches courses in Contracts, Lawyering, Dispute Resolution in the Digital Age, Major Research Projects, Secured Transactions, Arbitration, International Arbitration, and Consumers and the Law (service learning). Her current research explores online dispute resolution in varied exchange contexts, with special focus on consumer claims and means for consumers to obtain remedies. She also has been active in recent debates regarding consumer protection more generally, consumer arbitration and contracting behavior, and is often an invited speaker on these topics.

Recent speaking engagements include events at the Consumer Financial Protection Bureau in Washington, D.C.; University of Leicester in England; University of Ghent in Belgium; Stanford Law School; University of Arizona Law School; Pepperdine Law School; University of California Hastings; Loyola in Chicago; Wake Forest University; Fordham University; Penn State; and American Bar Association Meetings. She also serves on the Association of American Law Schools Executive Committee on Commercial and Related Consumer Law, and has been an Amici in several United Supreme Court cases. She also has taught in Paris and in England, and has been an expert and liaison for the United Nations working group seeking to create a global online dispute resolution mechanism.

Professor Schmitz’s outreach work involves various projects, including production of a consumer film (“Fine Print Foils”), a non-profit consumer outreach website and companion app, and various service-learning courses. Her most recent service-learning projects have led to a consumer empowerment blog and free public seminars on pressing consumer issues. This work aimed to provide the public with valuable information while inspiring the student presenters to gain deeper understandings of consumer and contract law “in action.”


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