Dispute Resolution Reference Guide
Online Dispute Resolution

APPENDIX A: CHECKLIST FOR ONLINE DISPUTE RESOLUTION

EVALUATION

  1. 1. Have the concerned parties agreed to resolve the matter through ODR?
  2. Is ODR appropriate for this particular dispute according to the circumstances of the case?
  3. 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?
  4. Are all directly interested parties (to the extent possible) participating in the process?
  5. Are the parties participating in the ODR process vested with settlement authority?
  6. Have the concerned parties selected an appropriate ODR provider? Does the agreement provide a default selection mechanism?
  7. Have all essential elements of the ODR agreement been considered, including:
    1. the issues in dispute;
    2. the procedure to be followed;
    3. the Neutral’s role/mandate;
    4. a provision for agreement if the dispute is resolved;
    5. the confidentiality of the process;
    6. a provision for the remuneration of the Neutral;
    7. acknowledgements of responsibility of the Neutral and the parties, respectively;
    8. the language of the process;
    9. the applicable law, particularly if the matter is international in scope?
  8. 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?
  9. Is there a need for disclosure? Who will request it – the parties or the Neutral?
  10. Is it established who will draft any eventual agreement?
  11. How will any eventual agreement be enforced?
  12. If ODR is not successful in resolving the dispute, what is the next step?
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