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					           Crossing Dispute Resolution and Information Technology.
                        The Experience of Risolvionline
                        (WWW.RISOLVIONLINE.COM)
                                      by
                                 Rinaldo Sali
                          Deputy Secretary General
           Chamber of National and International Arbitration of Milan


A model of online mediation created in Milan will be analysed as a new method of
online dispute resolution (ODR). This new model could tell if ODR will only improve
our traditional alternative dispute resolution methods (arbitration and mediation) or
radically change the way to solve our disputes. The speech would also underline the
need for new standards and rules for the net economy, in order to avoid a lack of e-
consumers protection.

1.    Description of the new ODR service

The Milan Chamber of Arbitration (“Camera Arbitrale di Milano”), www.camera-
arbitrale.com, is a public ADR provider created by the Milan Chamber of Commerce.
The Chamber offers mediation and arbitration procedures both for B2B and B2C
commercial disputes. In 2003, the Chamber had these results: 95 arbitrations and
169 mediations (B2C 75%).

As many other national and international institutions, the Chamber of Arbitration
recognizes the need for new approaches to e-commerce disputes. Therefore the
Chamber has decided to create a new service for online dispute resolution.

2.    The choice of the online model

In designing the new service we had to evaluate some different options: mediation
or arbitration? Blind negotiated model or open model?

We will describe our choice of the initial ‘open mediation’ model.

3.    The process of RisolviOnline: how it works

An integration between chat room conference and email asynchronous system. This
idea is more in keeping with the traditional (offline) mediation.

4.    Data Statistics of the last two years (2003-2004) of RisolviOnline.

5.    The explication of the main aims of the service.

      a)    to offer a new mechanism for B2C dispute (and the description of the
            different impact of the service on e-commerce and traditional
            commercial disputes);
      b)    to verify whether ODR could improve traditional ADR methods
            (arbitration and mediation) or radically change the way to resolve
            disputes;
      c)    to introduce rules and standards for the net economy, in order to avoid
            a lack of consumer and small companies protection.

6.     The need for new technical solutions and the predictability of new ODR fields
(for instance, domain name disputes, public domains as online submission of claims
to governmental institutions by citizens and associations, environmental mediation,
B2B transactions).


E-Commerce Conference / Conference sur le commerce électronique
26-27 October / octobre 2004
Abstract / Résume: Rinaldo Sali
                                               2

7.    Tendencies

      a)    contradictory tendencies: towards a diminishing, in some online cases,
            of the mediator’s role, but also the discovery that computer can help a
            mediator in reducing differences;
      b)    a ‘glocal’ tendency. From one side: e-commerce disputes take place
            between parties who may be geographically very far apart (global).
            From another side: internet is an environment at all and, within an
            environment, the “group justice” of the participants prevails (local).



Milan, 6 October 2004




E-Commerce Conference / Conference sur le commerce électronique
26-27 October / octobre 2004
Abstract / Résume: Rinaldo Sali