Online Workshop: The Promises and Challenges of Alternative Dispute Resolution

Alternative conflict resolution (ADR) bears the promise of resolving conflicts cheaper, faster, more creatively, and with less damage to relationships than traditional adjudication through courts or arbitration. In addition, many potential positive spillovers follow from ADR: the unburdening of courts, better access to justice, better incentives for lawful behavior or contractual performance, and more cooperative solutions in relations that have turned hostile. Moreover, the advent of online dispute resolution (ODR) should further enable and facilitate the use of ADR.   Yet, in many countries, including Denmark, ADR has not yet been implemented on a scale commensurate with these promises. This raises the question of whether there are inherent limitations to ADR schemes or whether there are other impediments that can explain their slow adoption. These questions will be explored in an academic workshop and in a panel discussion involving leading experts on ADR and ODR.  Organizers: Henrik Lando & Maria José Schmidt-Kessen, MPP/CBS LAW

 

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Onsdag, 27 januar, 2021 - 13:00 to 17:30

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Part I – Paper Workshop - On the Effectiveness of ADR and ODR Systems  

13.00 - 15.45 CET  

Paper workshop on the theoretical and empirical study of ADR and ODR systems in a range of different jurisdictions.  

13.00 -13.30: The digitalisation of the English small claims court and how it uses online negotiation and telephone mediation as part of its process  

Pablo Cortés, University of Leicester  

Discussant: Naomi Creutzfeld, University of Westminster 

13.30 - 14.00: Understanding mediation: a research proposal  

Henrik Lando, Copenhagen Business School 

Discussant: Peter Lewisch, University of Vienna

 

14.00 - 14.15 Break   

 

14.15 - 14.45  Learning from the ODR schemes of large online platforms: Opportunities and challenges

Marta Cantero Gamito, CUNEF and University of Tartu

Rafaela Nogueira, Nubank

Maria José Schmidt-Kessen, Copenhagen Business School

Discussant:  Pablo Cortés, University of Leicester 

14.45 - 15.15 Mediation in Danish construction contracts – Challenges, context and points of attention  

Torkil Schrøder-Hansen, Assistant Attorney and mediator at DI - Dansk Byggeri  

Discussant:  Henrik Lando, Copenhagen Business School

15.15 - 15.45  Can mediation lead to private and public efficiency gains? A L&E analysis of the mediation process design following Directive 2008/52/EC in five European countries  

Presenter: Evangelia Nissioti, University of Hamburg 

Discussant: Giuseppe de Palo, Ombudsman for the Funds and Programmes of the United Nations

 

Part II – Roundtable Discussion:  Experiences with ADR Systems – An International Perspective  

16.00 - 17.30 CET  

In the roundtable, each panelist first presents their experience with regard to the theme of the roundtable. The individual presentation is scheduled to last for about 7 minutes. After the presentations, there will be a moderated debate among the panelists concerning some of the main points raised by the presentations. Julia Hörnle (Professor at Queen Mary University, London) will kick-off the discussion by raising the first question to the other panelists.

The theme of the roundtable discussion is how well ADR schemes work in practice and how existing schemes can be improved. We will address questions of how to exploit the potential and how to address limitations of ADR, including: 

  • Can ADR unburden the civil court system and at the same time provide greater access to justice? 
  • Can ADR resolve conflicts more effectively and cheaper without unduly compromising procedural safeguards? 
  • What are the major impediments to a wider adoption of ADR? 
  • Which role can online dispute resolution play in fostering ADR? 

Panel participants:   

Thomas Samsø-Bloch, Director, Danish Mediation Institute:  A friendly wake-up call – why the legal society in Denmark should take greater interest in mediation

Lin Adrian, Associate Professor, Copenhagen University: The ‘doublespeak bug’ in Mediation

Giuseppe de Palo, Ombudsman for the Funds and Programmes of the United Nations (UNDP, UNFPA, UNICEF, UNOPS and UN-Women.): The emperor has no clothes, and Mediation Sleeping Beauty will awake, if Prince Charming shows up with proper attire

Lela Love, Professor, Cardozo Law, Yeshiva University: But what is mediation?  What is being presumed?  

Pablo Cortés, Professor, University of Leicester: TBA

Sidst opdateret: CBS LAW // 21/01/2021