Models of Alternative Dispute Resolution (ADR): A report for the Legal Ombudsman
The aim of this research was to investigate what the Legal Ombudsman can learn from other Alternative Dispute Resolution (ADR) providers. The research was commissioned by the Legal Ombudsman to help it review and develop its dispute resolution model and ensure it remains fit-for-purpose. The research involved a case study design and fieldwork was conducted with ten organisations: four in the UK, one in Ireland, two in New Zealand, one in Australia, one in Canada and one in the USA. The research highlighted a range of dispute resolution practices and illustrated some of the key design choices that ADR providers need to make when designing or reviewing a dispute resolution scheme. These fell within four areas: the use of online dispute resolution; the early stages of dispute resolution processes; mediation approaches; and the later stages of dispute resolution and building influence.
The possible unintended consequences of the european directive on alternative dispute resolution and the regulation on online dispute resolution
All legislation starts out with a reasonably clear objective in mind shared between a group of politicians, advisors and civil servants and develops in time during legislative hearings together with consultations with interested parties. It is the development journey involving negotiation and compromise that inevitably leads to the risk that the final draft that becomes law fails to meet some of the initial targets and, more often, does so by risking consequences that had not been anticipated and which may serve to damage the original objectives of the legislation. This paper examines some of the possible unintended consequences of the European Directive on Alternative Dispute Resolution (2013/11/EU) and the associated Regulation on Online Dispute Resolution (European Regulation 524 of 2013). It is felt that these may lead to a lowering of consumer trust in the dispute resolution processes that the legislation is intended to promote, less participation by traders and a slowing down of innovative development in Online Dispute Resolution. These comments are not offered as a prediction of what, in the author’s view, is likely to transpire but as a recognition of the risk as increased by certain aspects of, and omissions in, the legislation and as an encouragement to Member States, whilst finalising legislation to implement the Directive and/or considering the manner and scope of enforcement, to address these risks by investigating ways to manage and reduce them, some ideas for which are also addressed in this paper.
Application of the Kano Model for a Better Understanding of Customer Requirements in Higher Education—A Pilot Study
Various pieces of information and knowledge turn into “know-how” simply by their application in the market. This applies to all spheres of activities. It is therefore important to know and understand the requirements of customers already in the stage of making a product, and to confront these with the possibilities of a producer. In this article we are exploring the possibilities of a better understanding of the requirements of customers and stakeholders in the process of the creation of products in educational services. In particular, we examined seven general requirements: practice orientation, ethical orientation, research orientation, quality resources, innovation orientation, skills orientation, and quality staff. We use the Kano model on a pilot sample of respondents at an institution of higher education. Our results showed that “practice orientation” and “quality resources” are the most stable requirements, while “quality staff” is the least stable. The most linear requirement (the same effect on satisfaction and dissatisfaction) is “innovation orientation”. “Research orientation” belongs to attractive requirements and we also found that in the case of “ethical orientation” there are weak relations between positive and negative responses in our survey. The “skills orientation” proved to be too general, and our research shows that it could be indifferent. It is therefore advisable to specify the investigated skills when investigating requirements on educational services. The main contribution based on the proposed research procedures is an effective linking of customers and producers already from the beginning of constructing a value chain. Investing in sophisticated management approaches when modelling products and processes can thus become a significant source of the competitive advantage of an educational institution. At the same time, it is a contribution to better placing of its graduates in the labor market.