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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