The ICODR Podcast

Why Is Justice Lagging Behind? with Mirèze Philippe [Ep. 20]

"You need to believe in a project. If you don't believe in it, you can't take it forward."  In this episode, host, Ian Macduff, talks with guest, Mirèze Philippe--a French lawyer and dispute resolution practitioner---about the following:
The problems that have stopped justice services from moving online
What is the definition of ODR?
ODR as a court-based process as opposed to a settlement process
About Mirèze Philippe:
 
Mirèze is a French lawyer of French and Lebanese origin. 
She is a dispute resolution practitioner and was Special Counsel at the Secretariat of the ICC International Court of Arbitration ICC until her retirement end 2022. 
Mirèze has been in the field of online dispute resolution since 2000 and built various platforms, namely for ICC and for ArbitralWomen alongside IT engineers. She was also member of the UNCITRAL Working Group III on ODR. She is Fellow of the National Centre for Technology and Dispute Resolution (“NCTDR”) (http://odr.info/), Board member of the International Council for Online Dispute Resolution (“ICODR”), and Advisory Board member of ODR Africa Network (https://odrafrica.com). 
Mirèze is co-founder of ArbitralWomen (AW), an organisation gathering and promoting female practitioners in international dispute resolution. She is member of various organisations promoting gender equality and equal opportunities for equal qualifications. She received the CPR 2018 Diversity Award for outstanding contributions to diversity in ADR.
Mirèze published articles on arbitration, online dispute resolution and gender diversity. Her résumé and publications are available on ArbitralWomen website: https://www.arbitralwomen.org/author/mireze-philippe

Influence of ChatGPT on ODR with Noam Ebner [Ep. 19]

Chances are you've heard about ChatGPT, but have you thought about the potential influence of ChatGPT on ODR? In this episode, host, Ian Macduff, chats with guest, Noam Ebner (professor of negotiation and conflict resolution at Creighton University’s Heider College of Business) about the impact of ChatGPT on ODR directly and indirectly, as well as other related topics:
Court ODR
Access to Justice, and
Tech as a tool versus tech as a barrier
 
About Noam Ebner:
Noam Ebner is a professor of negotiation and conflict resolution at Creighton University’s Heider College of Business. 
Prior to joining the faculty at Creighton, Noam taught at universities in Israel, Turkey, and Costa Rica. He practised as an attorney, negotiator, and mediator at his Jerusalem-based firm, trained mediators for the court system, and conducted hundreds of workshops on negotiation and conflict resolution for a broad range of private sector industries, governmental agencies, universities and non-profits around the world. 
An early innovator in the online teaching of negotiation and dispute resolution, Noam consults on online learning to universities and other institutions and is former chair of Creighton’s Negotiation and Conflict Resolution Program’s online graduate degree program. 
Together with Prof. Jen Reynolds of the University of Oregon, Noam established the Pop Culture and Conflict Resolution Project. The Project’s goal is to introduce the knowledge of the negotiation and conflict resolution fields to the general public by engaging fandoms via books, podcasts, appearances at fan conventions, and more. Their first book is Star Wars and Conflict Resolution

ODR in Courts in Canada and Cyberjustice with Dr. Nicolas Vermeys [Ep. 18]

Similar to the phrase "fit the forum to the fuss", the type of dispute should determine the the type of ODR tool that is used. In this episode, host, Ian Macduff, talks with guest, Dr. Nicolas Vermeys about a variety of topics related to incorporating ODR into Courts in Canada. Episode highlights include a discussion of the following:
An overview of the PARLe odr platform
The JusticeBot project
Cyberjustice
Two views of how AI can be used in ODR
ODR as a public service
About Nicolas:
Dr. Vermeys is the Director of the Centre de recherche en droit public (CRDP), the Associate Director of the Cyberjustice Laboratory, and a Professor at the Université de Montréal’s Faculté de droit.
Nicolas is a member of the Quebec Bar, and a certified information system security professional (CISSP), and is the author of numerous publications relating to the impact of technology on the law.
His research focuses on legal issues pertaining to artificial intelligence, information security, developments in the field of cyberjustice, and other questions relating to the impact of technological innovations on the law. He is often invited to speak on these topics by the media, and regularly lectures for judges, lawyers, professional orders, and government organisations, in Canada and abroad.
Learn more about Nicolas

Episode 17: Colm Brannigan and Marc Bhalla, co-authors of Online Dispute Resolution: Yesterday. Today. Tomorrow.

In this episode of the ICODR podcast, Ian interviews Colm Brannigan and Marc Bhalla, co-authors of the new book Online Dispute Resolution: Yesterday. Today. Tomorrow.
 
Colm Brannigan holds an M.A. in history and technology, an LL.B. from Queen’s University, and a LL.M.(ADR) from Osgoode Hall Law School of York University. Colm is a Fellow of the Chartered Institute of Arbitrators in the U.K. and holds the advanced designation of Chartered Med-Arbitrator through the ADR Institute of Canada. He has been a full-time ADR practitioner for over 25 years. Colm is an acknowledged expert in the development of online dispute resolution (ODR) and med-arb processes and provides ODR and med-arb training through the Canadian Collaborative for Engagement & Conflict Management (https://www.ccecm.ca/). Colm has been a part-time instructor teaching ADR in the Faculty of Law at Queen’s University and at Humber College. He is frequently a guest lecturer at Queen’s University, Osgoode Hall Law School and the University of Toronto and has also presented at continuing education programs and conferences provincially, nationally, and internationally.Colm can be contacted by e-mail at colm@mediate.ca or through his website www.mediate.ca.
 
Marc Bhalla is a mediator, arbitrator, writer and professor based in Toronto. He practices online. Marc has a Master of Laws in Dispute Resolution from Osgoode Hall Law School, where he is now a faculty member. Marc is also faculty at York University’s Certificate in Dispute Resolution program and at the Canadian Collaborative for Engagement & Conflict Management, where he teaches Online Dispute Resolution and Arbitration. Marc has spoken from coast-to-coast across Canada and in the United States. He has delivered keynote presentations at conferences in Regina, Saskatchewan and for International Mediation Awareness Week. Marc has been widely published, including in a number of peer-reviewed academic journals. His first book, The Art of Role Play in Dispute Resolution Training, was released in 2020. Marc is an original member of Ontario’s first online tribunal, where he has mediated and adjudicated cases since 2017; however, Marc is presenting in a personal capacity and is not speaking on behalf of the Condominium Authority Tribunal. Marc represents the Province of Ontario on the Board of Directors of the ADR Institute of Canada.

Episode 16: Dr. Tsisana Shamlikashvili, an international expert in ADR, mediator, lawyer, neurologist and psychologist

In this episode of the ICODR podcast, Ian interviews Dr. Tsisana Shamlikashvili, an international expert in ADR, international mediator, lawyer, neurologist and psychologist (with both medical and law degrees). She has been Professor of the Moscow State University of Psychology and Education, holder of the chair in “Mediation in social practices”; academic and scientific supervisor of the Center for Mediation and ADR in legal practice of the Moscow State Academy of Law. However, since the commencement of the war on Ukraine, Tsisana has suspended all of her activities in Russia.
 
Since 2004 Tsisana studied mediation in the United States, Germany, Austria and Great Britain. She is a graduate of several Harvard Negotiation Program courses (including Frank Sanders’ Mediation Course), certified mediator in Water Diplomacy matters (joint program of MIT and Tufts University).
 
Tsisana is a CEDR accredited mediator, mediator of JAMS International (USA-UK), Member of Association for Integrated Mediation, Member of European Advisory Board of CPR, Council Member of Straus Institute for Dispute Resolution, Pepperdine University (USA), Associate Board Member of GEMME (European Judges' Group for Mediation), Board Member of AAPMAD (Association of Academics for the Promotion of Mediation as Academic Discipline), Distinguished Fellow of the International Academy of Mediators, Corporate member and expert for Dispute Board Federation (DBF).
 
Tsisana has been a pioneer in ADR and specially mediation in Russia and in former Soviet Union, directing her efforts and sometimes achievements on this very complicated path to implement mediation (and more importantly), mediative attitude (meaning shift of mentality) in that part of the world. Currently she acts as international expert, consultant in ADR, and International mediator.

Episode 15: Professor Orna Rabinovich-Einy of the Faculty of Law at the University of Haifa

In this episode of the ICODR podcast, Ian interviews Professor Orna Rabinovich-Einy of the Faculty of Law at the University of Haifa. Her areas of expertise are alternative dispute resolution (ADR), online dipsute 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 National 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).

Episode 14: Daniel Rainey, ODR Pioneer and Principal in Holistic Solutions, Inc.

In this episode, Ian interviews ODR Pioneer Daniel Rainey, a principal in Holistic Solutions, Inc. (HSI ), and an adjunct faculty member in graduate dispute resolution programs and law schools.
Daniel is currently a Fellow of the National Center for Technology and Dispute Resolution, a member of the Board of Directors for the InternetBar.Org, and a founding member and founding Board Member, and Chair of the Governance Committee of the International Council for Online Dispute Resolution (ICODR).  He is the Co-Chair of Working Group 3 of the ODR Task Force for the American Bar Association Section of Dispute Resolution, and  Co-Chair of the International Mediation Institute’s Online Mediator Competency Task Force.  He is an immediate past member of the Supreme Court of Virginia’s Access to Justice Commission, Self-Represented Litigants Committee.  He was recently added as a participant observer to the Uniform Law Commission’s Study Committee on the Singapore Convention.
He was one of the instructors for the first university ODR course (at the University of Massachusetts – Amherst), and he (with Colin Rule) designed and taught the first ODR course required in a graduate dispute resolution program (at Creighton University).  He has developed graduate level ODR courses for several universities, in addition to skills-based ODR training for dispute resolution centers and professional associations.  As a consultant, he has worked with clients in the the development of ODR resources, intercultural negotiation skills, Ombudsman programs, and organizational conflict engagement programs in the public, private, and non-profit sectors.
He is one of the Editors-in-Chief of the International Journal of Online Dispute Resolution. He is also an author/editor of the award-winning book, Online Dispute Resolution Theory and Practice (2nd edition published in 2021), and numerous other book chapters and articles about ODR and ADR.
In September, 2017, he retired as the Chief of Staff for the National Mediation Board, and in October, 2017, at the Association for Conflict Resolution annual conference, he received the Mary Parker Follett Award for innovation in dispute resolution.
Publications
VITA
Memberships

Episode 13: Professor Dorcas Quek Anderson from the Singapore Management University School of Law

In this episode of the ICODR podcast, Ian interviews Dorcas Quek Anderson, Assistant Professor in Singapore Management University’s School of Law.
Dorcas has more than a decade of experience as a practising mediator and in dispute research.  Prior to joining academia in 2016, Dorcas was a District Judge in the State Courts for almost seven years, where she conducted mediation and early neutral evaluation for hundreds of civil and criminal cases, contributed to the courts’ mediation policies as well as published extensively concerning dispute resolution. She was earlier an Assistant Registrar in the Supreme Court and concurrently Assistant Director of the Singapore Mediation Centre (SMC). Dorcas is currently an Assistant Professor of Law in the Singapore Management University’s Yong Pung How School of Law and will, from next year, be an Associate Professor.
 
Dorcas has been accredited by the International Mediation Institute and Singapore International Mediation Institute. She is a mediator with Singapore International Mediation Centre (SIMC), SMC, Asian Development Bank and the Office of the Ombudsman for UN Funds and Programmes. She is also a Fellow of the National Center for Dispute Resolution and Technology. Dorcas has conducted negotiation and mediation training in SMU, Attorney-General’s Chambers, Singapore, SIMC and SMC.  
 
Dorcas’ research focuses broadly on the interaction between dispute resolution and the substantive and procedural aspects of justice. She has also explored the influence of culture on the mediation process. Her dispute resolution research has been published in leading journals including Harvard Negotiation Law Review, Cardozo Journal of Conflict Resolution, Civil Justice Quarterly and Australasian Dispute Resolution Journal.
 
For a forthcoming major piece of research, Dorcas and her research collaborator have designed an empirical study to examine the impact of four communication modes, specifically: video-conferencing, audio call, text messaging and face-to-face interaction on achieving negotiation outcomes.
https://ssrn.com/author=2575794
https://www.smu.edu.sg/faculty/profile/144806/QUEK-Anderson%2C-Dorcas