ODR PRE- MEDIATION SESSION
What is ODR
Online Dispute Resolution abbreviated as ODR is technology assisted dispute resolution (Petros Zourdoumis). It is a merge between the real world and the virtual world and takes advantage of the speed and convenience of the internet and ICT. (Dr. PABLO CORTÉS, Civil Justice University of Leicester).
ODR is a voluntary confidential process through which people with a dispute communicate online to resolve a conflict.
ODR is not a court hearing neither a process to determine guilt or innocence.
ODR is flexible
Essential Requirements for ODR
Reliable power supply
Access to stable internet service.
A laptop/ tablet/ android phone with microphone and camera.
Zoom platform (kindly download the app.)
Passport photographs of Parties should be signed by Parties at the back of their respective passport photographs and both sides of the passport photographs should be scanned and forwarded to us to enable us identify the Parties during the ODR Session.
Where the Party is a Corporation and there is a need to change the Representative the Corporation should forward the new Representative’s passport photograph duly sign as stated above to the Case Manager.
Advantages of ODR
Convenient: you can participate in ODR from the comfort of wherever you are.
Safety: in this era of Covid- 19 ODR offers a safe means of communication in resolving dispute
Further more, in the words of Petros Zourdoumis: with justice offline in this era of Covid- 19 lockdown, having mediation online will give justice a chance.
As long as you have the requirements listed above (reliable power supply, access to stable internet services, laptop/ tablet/ android phone with microphone and camera) the ODR will be seamless and uninterrupted.
What to expect during the ODR Mediation Session
We will conduct the ODR using a video conference tool known as Zoom. (alternative channels will be deployed where technical problems arise)
The Zoom link will be forwarded to the Parties and their Counsel a day to the Mediation.
Parties and Counsel are expected to login 15 minutes before the scheduled time.
Where one Party logs in and waits for 15 minutes from the time scheduled for mediation (except otherwise agreed by the Parties) and the other Party fails to login, the session will cease to hold and it will be recorded that only one Party attended the Mediation.
Where both Parties are logged in, the Case Manager will assign the host function to the Mediator. However, where Parties encounter technical challenges they can contact the Case Manager.
Signing of Terms of Settlement
Where Parties reach an agreement, the Terms of Settlement will be finalised by the Mediator and the Case Manager will forward the agreed TOS first to the Claimant/Applicant for signing and then to the Defendant/Respondent via email/ WhatsApp.
Parties are expected to download, print, sign and scan back to the Case Manager.
We encourage Parties to abide by the agreed Terms of Settlement.
In the event of a breach, the Court will help with enforcement
ODR Mediation Forms
Before the Mediation Session, the ODR Mediation Form will be forwarded to the parties for signing via email.
Parties are expected to click the link of the ODR Mediation Form in the email, print, sign and scan back to the Case Manager. (the same procedure with the TOS)
The ODR Mediation Form is the Agreement to Mediate/ Confidentiality Form.
Confirmation of Contact Details
Parties should provide/confirm their email and WhatsApp numbers to the Case Manager at the conclusion of the Pre-session Meeting.
In addition, Parties are expected to propose three convenient dates for Mediation which will be communicated to the Mediator to enable us schedule a Mediation date from the three proposed dates.