Dispute Resolution Reference Guide
Online Dispute Resolution
APPENDIX A: CHECKLIST FOR ONLINE DISPUTE RESOLUTION
- 1. Have the concerned parties agreed to resolve the matter through ODR?
- Is ODR appropriate for this particular dispute according to the circumstances of the case?
- Are the parties represented by counsel or are they attempting to resolve the dispute themselves? If represented by counsel, what will be the counsel's role?
- Are all directly interested parties (to the extent possible) participating in the process?
- Are the parties participating in the ODR process vested with settlement authority?
- Have the concerned parties selected an appropriate ODR provider? Does the agreement provide a default selection mechanism?
- Have all essential elements of the ODR agreement been considered, including:
- the issues in dispute;
- the procedure to be followed;
- the Neutral’s role/mandate;
- a provision for agreement if the dispute is resolved;
- the confidentiality of the process;
- a provision for the remuneration of the Neutral;
- acknowledgements of responsibility of the Neutral and the parties, respectively;
- the language of the process;
- the applicable law, particularly if the matter is international in scope?
- Has any time limit been set for the duration of the procedure, if needed, as well as the time limits for parties to make their submissions?
- Is there a need for disclosure? Who will request it – the parties or the Neutral?
- Is it established who will draft any eventual agreement?
- How will any eventual agreement be enforced?
- If ODR is not successful in resolving the dispute, what is the next step?
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