Sam Edwards, J.D., LL.M.
Associate Professor Environmental Law and PolicyGreen Mountain College
1 Brennan CirclePoultney, VT 05764
edwardss@greenmtn.eduSam has been teaching negotiation at the graduate and undergraduate levels since 2002. From 2002-2007 he taught at Nagoya University's Graduate School of Law in Nagoya Japan. In 2007 he moved to Green Mountain College in Vermont where he teaches negotiation and a variety of law courses.
Mariana Islands, and Yap State in the Federated States of Micronesia.
Sam Edwards, Doing international business online for the small and medium business: will e-payments and online dispute resolution open doors to international trade, in CYBERLAW FOR GLOBAL E-BUSINESS: FINANCE, PAYMENTS, AND DISPUTE RESOLUTION Chapter 16 (Takashi Kubota ed., 2008).
Eileen Barker
Eileen Barker is a mediator and teacher based in San Rafael, CA. Over the past twenty years, Eileen has mediated hundreds of cases in a wide range of subject matters including business, partnership, employment/workplace, probate and estates, and family law/divorce. She has taught mediation and conflict resolution courses at UC Berkeley School of Law, UC Hastings College of Law, Sonoma State University and John F. Kennedy University, and currently teaches at the Werner Institute, Creighton University. Eileen is a leader in the movement to integrate emotional healing and forgiveness with conflict resolution. She leads trainings on transforming conflict through forgiveness, and is the author of the Forgiveness Workbook and Forgiveness Meditation CD.
Michael Cote
Environmental Urban Planner
3 Hampton Ave #47
Northampton, Mass., 01060
Phone: (206) 550-3034
Email: michaelcote@gmail.com
Web: http://umass.academia.edu/MichaelCote
Michael Cote is an environmental planner specializing in Climate Change Adaptation for coastal communities. He is working on a book and several articles covering the intersection of land-use law and climate adaptation policy. Adapting to climate change involves complex land-use laws, private property rights, and intense negotiations. He attended the negotiations at the United Nations Climate Change Conference (COP15) in Copenhagen this past December with the Vermont Law School delegation. A corporate-contract writer in a former life, Mr. Cote recently graduated with a Masters in Regional Planning from UMass-Amherst, and a Masters in Environmental Law and Policy from Vermont Law.
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Sam Edwards said:The use of technology throughout the dispute resolution process itself requires those involved to choose their means of communication carefully. Depending on the forum chosen, parties have to choose their words and phrases with caution, especially during instances where communication is solely text based, but also during telephone or recorded voice message communications and live video. During text- based ODR, it can be difficult to create trust between the parties, and there is the risk that something typed will be misinterpreted. These issues are present, and perhaps more compounded, in an apology setting, where it is possible that one party may doubt the sincerity of the other side’s apology, or there is the potential for an apology to come across crass or incomplete. A pre-recorded voice message would also run the risk of sounding insincere and rehearsed. Like a written apology, a recorded voice message may be received poorly, and cause the receiving party to feel as though his or her issues were not completely resolved. A live video apology may work best, as it would enable both parties to see each other’s body language and facial expressions. It would also allow for more of a dialogue during the apology. A live video apology has the feeling of a real face to face meeting, and helps create a more satisfying apology for the receiving party, as there is not the appearance that the apologizing party is hiding behind closed doors.Given the scenario what online platforms offer the best system to help facilitate an apology? Would text only offer a "safe" way to get the apology across? Would a pre-recorded voice message be better? Would live video work best?
Hi Lanni,
I completely agree, and think that you have done an excellent job of outlining some of the primary issues and scenarios involved with apologies via ODR. I can see how oftentimes an apology via text or audio can sometimes be misinterpreted, but I agree with you that video may be the best method for communicating in the most sincerest fashion. Having a "live" apology like would be the most likely situation where the participants wouldn't misinterpret the other party.
lanni marchant said:
Sam Edwards said:The use of technology throughout the dispute resolution process itself requires those involved to choose their means of communication carefully. Depending on the forum chosen, parties have to choose their words and phrases with caution, especially during instances where communication is solely text based, but also during telephone or recorded voice message communications and live video. During text- based ODR, it can be difficult to create trust between the parties, and there is the risk that something typed will be misinterpreted. These issues are present, and perhaps more compounded, in an apology setting, where it is possible that one party may doubt the sincerity of the other side’s apology, or there is the potential for an apology to come across crass or incomplete. A pre-recorded voice message would also run the risk of sounding insincere and rehearsed. Like a written apology, a recorded voice message may be received poorly, and cause the receiving party to feel as though his or her issues were not completely resolved. A live video apology may work best, as it would enable both parties to see each other’s body language and facial expressions. It would also allow for more of a dialogue during the apology. A live video apology has the feeling of a real face to face meeting, and helps create a more satisfying apology for the receiving party, as there is not the appearance that the apologizing party is hiding behind closed doors.Given the scenario what online platforms offer the best system to help facilitate an apology? Would text only offer a "safe" way to get the apology across? Would a pre-recorded voice message be better? Would live video work best?
I may be stating the obvious, but the best "means" by which to make an apology seems highly situational. There are probably some instances in which an apologizer may want to explain the situation from his or her perspective, including any complex facts or circumstances that led them to act in a regrettable way. When this is the case, I think a written document provides the best medium for laying out one's "case" and stating that, with hindsight, one would have acted differently. However, there are other situations in which no explanation of the backstory is needed, and in those cases a blunt, face-to-face (or via video conference) "I'm sorry" is probably the best means way for the healing process to begin. In any event, online media allows for both these contingencies, although there may be situations in which it is desirable to get the parties in the same room to facilitate the apology.
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