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Understanding ODRINDIA process and doubts clarification, 23 March (4-5 PM)

sapana@ebay.com
eBay Employee
eBay Employee
Hi,

We recently announced the Launch of Third Party tool ODR INDIA, to assist our users in the Online Dispute Resolution process.

http://www2.ebay.com/aw/in/200603.shtml#2006-03-08142201

Our members had posted some questions and clarifications regarding the same. To help you understand ODR INDIA process and to clarify your concerns, ODR team members will be conducting this Online workshop.Post your question in advanace on this thread, or join us in this workshop on 23rd March.

Host: ODR INDIA
Date:Thursday, 23rd March 2006
Time: 4.00 PM to 5.00 PM (IST)

Hope to see you there!

Regards,
Sapana

P.S: From our Legal Department - The statements and opinions made in this discussion board are those of the workshop host only and do not reflect eBay policy or eBay's opinion with respect to such statements.
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Understanding ODRINDIA process and doubts clarification, 23 March (4-5 PM)

sapana@ebay.com
eBay Employee
eBay Employee
Hi All,

Welcome to today's Workshop!

Today we have Chittu from ODR INDIA team to help you understand ODR INDIA Process better.

Chittu will be posting some content in advance, so that you have time for interaction during the workshop. Chittu will be glad to answer your questions from 4-5 PM.

Warm Regards,
Sapana
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Understanding ODRINDIA process and doubts clarification, 23 March (4-5 PM)

odrindia123
Community Member
Who is ODR INDIA?

ODR INDIA is an independent organization having its principal place of business at Chennai, Tamil Nadu, India.
Our Mediators and Arbitrators are trained professionals with vast experience in dispute resolution.
ODR INDIA is the first online dispute resolution service provider in India.

The services offered by ODR INDIA are:
Assisted Negotiation
Automated Negotiation
Mediation
Arbitration
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Understanding ODRINDIA process and doubts clarification, 23 March (4-5 PM)

odrindia123
Community Member
What is Assisted Negotiation?

Assisted Negotiation is direct negotiation done in and online environment. Only the buyer and seller will be negotiating with each other. There will be no third party
intervention.

What is Automated Negotiation and what type of disputes are suitable to this process?

Automated Negotiation is ideal for monetary value claims. The parties enter their respective offer, demand and percentage range. The offer, demand and respective ranges are not communicated to the other party. The ODR INDIA algorithm computes a settlement amount between the offer range and the demand range provided the figures are within the given range.

If the only issue between two parties is the monetary amount to be paid, they may use Automated Negotiation to help them arrive at an acceptable monetary figure.

Automated Negotiation is also suitable for Insurance disputes where parties are in disagreement regarding the monetary compensation.

eBay transaction disputes might not fall into this category and hence might not be suited for Automated Negotiation.
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Understanding ODRINDIA process and doubts clarification, 23 March (4-5 PM)

odrindia123
Community Member
What is Mediation?

Mediation is a process where a neutral third party, the Mediator, assists the parties to resolve a dispute/issue and reach an agreement. The neutral Mediator does not impose a decision. The Mediator plays the role of a facilitator, eases out issues and helps parties reconcile. The parties exchange their views, proposals and counter proposals through the mediator. Decision-making authority rests with the parties. A mediated settlement is a consensual outcome. The agreement is reached by the parties themselves. Solution will be mutually acceptable to both parties.
Mediated settlements provide more durable and satisfactory resolution than do decisions rendered by the court system because the solutions have been formulated by the parties. It is what the parties want.


When is a dispute suited for Mediation?

If you feel that you need a third party to help you resolve your dispute you should opt for mediation.
If you have attempted Assisted Negotiation and failed to reach a settlement, you might want to try mediation.
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Understanding ODRINDIA process and doubts clarification, 23 March (4-5 PM)

odrindia123
Community Member
What is Arbitration?

Arbitration is a process where the parties submit the dispute to a neutral third party, the Arbitrator, who acts as a judge and decides the dispute with finality. The decision is legally binding and enforceable upon the parties. If the parties fail to obey the award, they must seek court intervention for enforcement.

Arbitration is helpful when parties want a neutral to make the decision for them. The parties hand over the decision making authority to the neutral Arbitrator. The neutral Arbitrator plays the role of a communicator, tries to ease out issues, helps parties reconcile and finally gives his decision on the dispute/issue. The Arbitrator makes his decision based on the facts and documentary evidence presented to him.
Arbitration will be conducted in accordance with ODR INDIA Arbitration Rules.
Duration for the process is 122 days or 4 months. Arbitrator will make an award within this period.
Parties wishing to engage in Arbitration are requested to study the Arbitration Rules before proceeding.

When is a dispute suited for Arbitration?

When the amount in dispute is of high value.
When the issue/dispute is complicated and you require strict enforcement.
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Understanding ODRINDIA process and doubts clarification, 23 March (4-5 PM)

skyshopindia
Community Member
Hi Chittu,

Pls clarify the following questions:

1. What amount is exactly mean by Hi-Value for a dispute suited for Arbitration?
2. Is there is any criteria for a) Assisted Negotiation, b)Automated Negotiation c) Mediation d) Arbitation
3. What is the service charge for different services provided by ODR?
4. If any seller go for ODR Process, how buyer will came to know that?
Is there any mark will be added with each listing of the seller?

Regards
Achintya Ghosh
skyshopindia
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Understanding ODRINDIA process and doubts clarification, 23 March (4-5 PM)

odrindia123
Community Member
How does the ODR INDIA process work?

The ODR INDIA Process

Step 1 : Get the email id of the 2nd party (please see https://www.odrindia.com/eBay.php point 5 to find out how you can get the email id of the 2nd party from eBay.in)

Step 2: Go to โ€œFile a Caseโ€, You will be presented with a registration form and 1st Party form

Step 3: i) Fill in your particulars
ii) Give a brief account of dispute and what you seek to achieve
iii) Select ODR option
iv) Select Payment option
v) Submit


Step 4: 2nd Party will be notified of the case via email

Step 5: 2nd Party responds
i) Fills in his/her particulars
ii) Gives a brief account of dispute and what he/she seeks to achieve
iii) Agrees to ODR
iv) Submits

Step 6: a) Assisted Negotiation:

i) Parties are informed via email that both parties agree to resolve the dispute via ODR and requested to make necessary payment.
ii) Upon receipt of payment, Parties receive emails with their respective username and password to access ODR INDIA web communications, that is, Case Message Board and Online Chat.
iii) Access to web communications expires after 14 days. On expiry, extension can be requested for another 14 days.
iv) Parties negotiate with each other on the secure web communications and try to reach a settlement.


b) Mediation:

i) Parties are informed via email that both parties have agreed to mediate and that the case has been forwarded to a Mediator to agree and respond
ii) ODR INDIA assigns a Mediator
iii) Once the Mediator agrees to take up the case, parties are sent an email to make requisite payment.
iv) Upon receipt of payment, Parties receive emails with details of Mediator and their respective username and password to access ODR INDIA web communications, that is, Case Message Board and Online Chat.
v) Duration of the Mediation process is 14 days. If extension is required, request can be made.
vi) Mediator facilitates the process and helps parties arrive at a mutually acceptable solution.
vii) Settlement will be drawn into an agreement


c) Arbitration:

i) Parties are informed via email that both parties have agreed to arbitration and that the case has been forwarded to an Arbitrator to agree and respond
ii) ODR INDIA assigns an Arbitrator
iii) Once the Arbitrator agrees to take up the case, parties are sent an email to make requisite payment.
iv) Upon receipt of payment, Parties receive emails with details of Arbitrator and their respective username and password to access ODR INDIA web communications, that is, Case Message Board and Online Chat.
v) Duration of the Mediation process is 122 days
vi) Arbitrator facilitates the process, examines the documents and makes a binding award
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Understanding ODRINDIA process and doubts clarification, 23 March (4-5 PM)

odrindia123
Community Member
What is Case Message Board?

Each case is assigned a separate case message board. Parties and Neutrals communicate on this case message board.

It is easy to operate as it works similar to postings on discussion boards.

There is also an attachment facility where files in text format like those saved as Note Pad may be attached. The reason for only allowing text file attachments is to avoid any viruses that is possible to be carried by other files like Microsoft word doc.

Every time a posting is made parties will receive an email alert informing them that a posting has been made.



What is Online Chat?

Online chat is akin to chat services like yahoo chat and Google talk . It enables synchronous mode of communication.
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Understanding ODRINDIA process and doubts clarification, 23 March (4-5 PM)

odrindia123
Community Member
Can payments be made in Indian Rupees?

Yes, payment in Indian Rupees is the preferred payment.



Why are the payments also stated and accepted in US $?

For the convenience of users, who might want instantaneous service, we also accept payment via the online payment service Paypal. Paypal does not accept Indian Rupees and hence US $ has to be stated and accepted.


What modes of payment are available?

Online Payments via Paypal
Offline Payments like cheques, bank transfers and bank drafts.

ODR INDIA is in the process of introducing credit card facilities to speed up the system.
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