alternative dispute resolution in second life®
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Alternative Dispute Resolution In Second Life®TRANSCRIPT
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Alternative Dispute Resolution
in Second Life
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What is it?• A way to settle disputes processes and techniques
that fall outside of the government judicial process
• It usually includes negotiation, moderation, and arbitration
• "Alternative" dispute resolution is usually considered to be alternative to litigation
• ADR can increasingly be conducted online or by using technology, and it may have or not a government’s support
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What is it not?
• It’s not enforcement (both parties have to agree)
• It’s not tied to a single country’s legal system or any arbitrary system
• It’s best used to settle commerce and business disputes
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How does it work?• Usually both parties try first to negotiate: they settle
their differences without any third parties
• If negotiation fails, an independent mediator participates with both parties in a mediation: it will suggest a possible resolution, but not force anyone to accept it
• If mediation fails, both parties can agree on arbitration instead: an independent party (usually formally trained as a judge) will decide the outcome, based on audiences with both parties
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But how are resolutions enforced?
• There is no real enforcement. Both parties, at the beginning of the process, deposit an amount equivalent to the issue under discussion as an escrow with the ADR office.
• After a decision has been reached, the ‘winner’ will get the total amount (minus fees).
• In real life, both parties often forfeit the right to litigate further (thus the purpose of using ADR)
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Why ADR in Second Life?• Second Life is a shared, collaborative environment,
where users have complete freedom about the choices they make
• While Linden Lab imposes some “social conducts” (the Community Rules), commerce is completely unregulated
• Abuse Reports to Linden Lab regulate behaviour, but rarely have a successful result, and the proceedings are not transparent
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Why another ADR office?ADR systems have been implemented among residents, but...
• The moderators are not impartial
• It takes volunteering time
• Moderators are not trained professionals and cannot present credentials
• They have no easy way to reach residents requiring mediation and arbitration
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The Solution?• Providing ADR requires absolute neutrality of
the mediators and trust of residents in that neutrality, as well as in the ability of solving conflicts
• A neutral system requires a neutral entity to run it
• It cannot depend on “whims” and volunteer time; it requires a professional organisation and full-time commitment
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The eJustice Centre• Sponsored by the Portuguese Ministry of Justice• Staffed by real life mediators/arbitrators and
students of the New University of Lisbon’s Law School; built by the University of Aveiro
• Modelled after real life Arbitration Centres• Uses UNCITRAL Model Law as adapted for
specific use within Second Life (Portuguese Law is an option for Portuguese residents)
• Residents can opt for mediation first and arbitration later, or only arbitration
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Submitting a Request for Mediation1. SL Resident with a request for mediation goes to the eJustice Centre
and fills a form on a notecard including the name of the other party and a description of the issue
2. The notecard is dropped on a device, and a process number is generated (further data can be added later to the process, via the Web or SL; witnesses can be named to be notified)
3. The other party is notified. If they agree to mediation, a meeting between both parties is arranged
4. Both parties deposit an escrow with the eJustice Centre5. A mediator will be present in the meeting, and will give tips and
suggestions on how to find a compromise. The suggestions are not binding, the decision will come from both parties together
6. If the mediation is successful, the winner gets the money held in escrow (minus fees; currently zero)
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Arbitration after Moderation1. If the moderation fails (ie. the parties are not able
to agree on a final decision), the next step is arbitration
2. A new meeting is set up and this time the two parties will meet with a panel of arbitration judges
3. The claims are reviewed, and the arbitration judges will make a decision on the issue
4. The winner gets all the money held in escrow (minus fees)