CyberEthics: The Impact of Technology on Mediator - Daniel Rainey

CyberEthics: The Impact of Technology on Mediator Ethics


Daniel RaineyJulia Morelli

Ramel NasseriRoslynn Almas



Online Dispute ResolutionFrom eCommerce to eMail


MediatorEthical Standards


ODR/ADR

ODRADR


Julia MorelliThe Accidental Online Mediator

Lessons in EthicsMediator Competence – Experience F2F

From Student to Teacher to MediatorExplore Ethical Questions - Constantly


Ethical Standards – the Mediator

Competence: Skills and ExpectationsConflict of Interest

Impartiality


Ethical Standards – the Process

Quality of the ProcessSelf-Determination

Confidentiality


Being the Student - Competence

Training – Formal & InformalPlay With the Technology

Know the Cultures – Yours & Online


Being the Teacher – Quality of the Process

Choose Technology That “Fits”Lean and Rich MediaFoster Transparency

Prepare the Participants


The Mediator's Use of Technology

The Medium is the Message (McLuhan)Before Starting – Plan the ProcessRapport - “Remember the Human”

Agreement to Mediate – Online Factors


Managing the Online Mediation Process

Expectations & Conflict CreationSync and Async Norms

Trust: Predictability/Teams/Caucuses


Managing the Online Mediation Process

Confidentiality & Privacy- Details MatterBe Present – No Multitasking!

The Mediation Agreement


Ramel NasseriSecurity and Privacy



What is Data Security?

Protection from destructive forces and unwanted actions.

Data CorruptionData LossData DeletionPhysical Damage

MalwareHackersTheft


How Does It Affect Me?

The June 2012 Intelligence Report from Symantec found that SMBs are not too small to escape the notce of sophistcated atackers. 36 % of all targeted atacks (58 per day) during the frst half 2012 were directed at

businesses with 250 or fewer employees. This is up from the 18 per cent reported in December 2011.


How Does It Affect Me?

Work Slowdown

Work Loss

Compromises Personal, Business, Client Informaton

Bad PR

Liability


Sofware based solutons

Hardware-based solutons

Resource Management and

Training

Data Encrypton Security Tokens Account Administraton and Access Restricton

Virus Protecton Sofware

Biometric solutons Sofware Training

Windows Firewall Backups User Educaton

Password Protecton Vendor Assistance

Data Masking

Data Erasure

Disk Encrypton

File System-level Encrypton


How Do I Deal With Parties? Explain Legal Requirements

Business / Company Policy

Agreement to Mediate

Mediator’s Opening Statement

Website Disclosure

Liability Form


Roslynn AlmasOnline Data – Mining Mediation

CyberEthics: ODR and Data Analytics


With ADR now adoptng online technologies to

conduct mediatons and Dispute Resoluton cases

should the principles relatng to party

confdentality and informaton sharing need

to be rethought.


This engine automates the movement of customers and prospects through a process prescribed by marketing by using business logic based on advanced statistical modeling.



Pros Cons

ü Predictve Solutonsü Cost Effectvenessü Business Intelligenceü Improve Educaton with

the feld of ADRü Lends Credibility ü Enhance Efciency in

Processes

ü Confdentalityü Privacy Protectonü Data Ownership and

Accessü Cost

Pros and Cons


Issues to Consider How is data being collected What is being done with data Who has access to the data Should party informaton be gathered to interpret data and is

this ethical How do we educate mediators/practtoners on data mining

when using technology in ADR


Daniel RaineyEthics Examples

Ethics ExamplesMaria has been accused of sexually harassing Doug, her former employee. They have agreed to mediaton, but they now work in different cites and will fnd it hard to spend much tme face to face. This is a sensitve case, and Doug is concerned that some prety embarrassing things will come out if confdentality is breached

How would you decide whether to use ODR in this case? If you decided to use ODR technology, what kind would you suggest? If not, why not, and if so, what kind of technology would you suggest? How would you handle a mediaton agreement?

Ethics ExamplesYou are the mediator in a case that involves a confrontaton that occurred between an employee of a landscaping company and a client of the company. The client works for a sofware development company. The landscaper alleges that the client used abusive language and harassed him while he was working on the client's garden. They have agreed to mediaton, but the landscaper has taken another job in a nearby town and would fnd it hard to take tme to come to f2f mediaton sessions.

Would you recommend using online tools in this case? If not, why not? How would you handle issues of self-determinaton and power imbalance?

Ethics ExamplesMarvin Mediator spent $1500 to get a license to some nify online sofware that he can use with his clients who have trouble getng together f2f. He wants to recoup his costs as soon as possible by building the use of the app into his fees, so in the frst case that came along that seemed to be a good case for ODR, Marvin announced to the partes that they were going to use his ODR app. Because he was using it in a “real” situaton for the frst tme, he made some mistakes in setng up the session and in running the session.

● What were his ethical obligatons to the partes before using the app? Are there any other ethical issues lurking here?


Questions &

Discussion

Date post:	11-Feb-2022
Category:	Documents
Upload:	others
View:	2 times
Download:	0 times

CyberEthics: The Impact of Technology on Mediator - Daniel Rainey

Documents