Making Peace on eBay:

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• Making Peace on eBay
• Resolving Disputes in the Worlds Largest
  Marketplace
• Colin Rule
• PON Dispute Resolution Forum
• Cambridge, MA

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What is ODR?
Online Dispute Resolution (ODR) is the use of
information and communications technology to help
disputants find resolution to their disputes.
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2008 UN ODR WORKING GROUP
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What is ODR?
Online Dispute Resolution (ODR) is the use of
information and communications technology to help
parties manage, transform, and resolve their
conflicts.
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2008 UN ODR WORKING GROUP
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ODR Around the World
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2008 UN ODR WORKING GROUP
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ODR Around the World
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2008 UN ODR WORKING GROUP
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ODR Around the World
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2008 UN ODR WORKING GROUP
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ODR Around the World
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2008 UN ODR WORKING GROUP
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ODR Around the World
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2008 UN ODR WORKING GROUP
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ODR Around the World
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2008 UN ODR WORKING GROUP
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ODR Around the World
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2008 UN ODR WORKING GROUP
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Common (but not all) ODR Types
Problem DiagnosisAn automated process that
provides buyers and sellers key information and
sets reasonable expectations

• Direct NegotiationA tool that enables disputants
  to communicate directly through a web forum in an
  attempt to reach agreement

• MediationA process in which an impartial third
  party joins the discussion between the disputants
  to help them find resolution

• EvaluationThe endpoint for ODR, where a neutral
  hears both sides of the dispute and then renders
  a decision that is binding on both sides

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The Need for ODR in eCommerce

• All markets must provide redress
• Without it, users lose trust
• Trust is essential to online marketplaces
• Redress is just one element of trust building
• Offline, redress is usually judicial
• Courts provide civil and criminal options
• Law enforcement guarantees outcomes
• Online, markets must provide it themselves
• Geographies are irrelevant
• Enforcement must reside in the code

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Resolving Disputes on eBay and PayPal
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eBay is bigMore than 240 million usersMore
than 4 billion feedbacks left1 billion
items have been listed on the site in 2008If
eBay users were counted as citizens, eBay would
be the 5th largest country in the world
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eBays role is uniqueeBay sells nothingeBay
buys nothingeBay holds no inventoryeBay has
no product,other than the websiteeBays job is
to ensure that the marketplace continues to run
smoothly as such, eBay is a third party convenor
B
S
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File a dispute
FILE ? COMMUNICATE ? ESCALATE
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File a dispute step 2
FILE ? COMMUNICATE ? ESCALATE
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File a dispute step 3
FILE ? COMMUNICATE ? ESCALATE
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Finding open cases (buyer and seller)
FILE ? COMMUNICATE ? ESCALATE
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Dispute details page buyer
FILE ? COMMUNICATE ? ESCALATE
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The Community Court
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STAGE 1

• The seller writes a statement about why she/he
  thinks the feedback is unfair,along with any
  accompanying photo evidence

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STAGE 2
The buyer is then asked to justify their
feedback within 14 days from the date the seller
filed the date of appeal
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STAGE 3

• The case will be put before a jury of 21 randomly
  selected eBay members
• Jurors will vote on whether the feedback should
  be removed or not
• Time period for this stage is 14 days

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Conclusions

• ODR is a vibrant and growing segment of the ADR
  field
• Applications are evolving all the time
• It is driven by technological innovation
• Todays ODR will look primitive in 5-10 years
• ADR practitioners should be aware of ODR tools
  and techniques

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2008 UN ODR WORKING GROUP
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ResourcesThe National Center for Technology and
Dispute Resolution http//odr.infoThe UN
Working Group on ODRhttp//www.odrforum2008.org
The ODR International Workshop
serieshttp//odrworkshop.infoADR Cyberweek
http//www.odr.info/cyberweek2008/