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.
Chittu , it would be of great help if you could enlighten us with the comparison of ODR India viz-a-viz SQUARE TRADE.
ODR INDIA and Square Trade are totally different. ODR INDIA is an independent body and has no platform integration with eBay and hence I don’t think we can compare the two. Yes we both are online dispute resolution providers but we have different models.
Many Sellers aren't happy with the kind of fees that is associated with your dispute resolution.
What do you have to say?
Regarding the fees structure we are taking into consideration all feedback.
The promotional fees looks attractive as Assisted Negotiation is free and first 25 cases for Mediation is free. Only from the 26th case onwards charges are at 50% ie Rs 750. Arbitration is offered at a 50% discount.
Ideally parties should try out the free Mediation cases. After you have had the taste of it you can give us feedback on your experience with it. Parties will see the benefits of our Mediation and might develop a different view.
We are testing the response to ODR. If there is a good response we definitely want to take all your concerns into consideration and will explore how we can offer better rates.
Payment Options
Payment option on ODR INDIA is designed to give the parties freedom of choice.
Now, why would the 2nd party agree to pay the fees individually when the case has been started by the 1st party ?
Lets say that the buyer wants to resolve a dispute with the seller. The buyer feels that the seller has delivered a wrong product. The buyer files a case and selects 2nd party payment option. I would think that in this instance the seller would respond and agree to the payment option coz the seller might feel that what the buyer is stating is untrue and would like to resolve the issue or might want to maintain his reputation and get a good feedback.
Similarly, why would the 2nd party share the fees when the case has been started by the 1st party ?
When parties want to resolve a dispute in good faith they both will not mind sharing the costs. It doesn’t matter who started the case the important factor is to resolve the dispute.
If parties feel that both parties need to share the cost for ODR, then both parties payment should be selected.
I feel out of the allotted 14 days ebayers might not waste half the time negotiating the fees amongst them.
Could you please through some light on how would they arrive at the payment of the fees ?
The 14 days duration for the case starts only after fees has been paid. Time starts to run only when the case is ready for actual Negotiation stage, Mediation stage or Arbitration stage. Duration is for the process of dispute resolution.
Filing of the case, response, assignment of Mediator or Arbitrator and payment of fees are all preliminary administrative procedures. Time is not of the factor here.
Time starts running only when the actual process starts after all the above steps are completed.
I hope I have shed some light on all the questions.
In short the two most popular negotiations on ebay would be .....
Assisted Negotiation & Mediation
Automated Negotiation is opted where an amount of money is disputed. I don't think there would be such a case with ebay disputes involving a sum of money.
Arbitration may have a small place in years to come.
Chittu , it would be of great help if you could enlighten us with the comparison of ODR India viz-a-viz SQUARE TRADE.
Many Sellers aren't happy with the kind of fees that is associated with your dispute resolution.
What do you have to say?
One more question.....
I haven't followed the fee payment system of ODR India.
It has been stated that the fees would be paid by ... either the 1st party or by 2nd party or shared by the two.
Now, why would the 2nd party agree to pay the fees individually when the case has been started by the 1st party ?
Similarly, why would the 2nd party share the fees when the case has been started by the 1st party ?
I feel out of the allotted 14 days ebayers might not waste half the time negotiating the fees amoungst them.
Could you please through some light on how would they arrive at the payment of the fees ?
I totally agree with you and I am sure with time awareness regarding ODR and its benefits will spread.
1. I feel, in the begining most of the members would be looking forward to getting help from ODR India regarding feedback withdrawal. Am I right?
Its too early to comment. We need to wait and see.
2. Secondly, when Seller has malacious intentions then ebay is there to protect the Buyer for Rs. 10,000. But when Buyer has malacious intentions then how would ODR India be able to help the Seller ? ebay would pay the claim to the Buyer but on the other hand pull the Seller for Non performance. Can ODR India guarantee justice to the Seller ?
Once you have tried dispute console to resolve the dispute and having failed to reach agreement, you may approach ODR INDIA. But ODR INDIA cannot guarantee you that the other party will respond or agree to participate in the process. ODR INDIA is a voluntary process and hence parties must want to participate. ODR INDIA does not guarantee anything. We provide you the platform with services to help parties resolve their dispute without taking the dispute to court and in an online environment.
ODR INDIA can also be used for transactions outside of ebay. However ebay offers buyer protection for transactions happening online. The essence is that any good dispute resolution provider should always take a neutral stance and the principle is to offer an amicable solution which is mutually acceptable to both parties.
3. what do you think would be the percentage break up, as far as the useage of the four negociations are concerned in context with ebay disputes.
If I understand right, I think you are referring to the four services: Assisted Negotiation, Automated Negotiation, Mediation and Arbitration.
Again its too early to comment. But I would think that parties may try Assisted Negotiation for low value transactions. Mediation for disputes which is important to the buyer or seller and for disputes where the amount involved is on the higher end. Arbitration for very high value transaction disputes. Automated Negotiation might not be used for eBay transaction disputes.
Again these are solely my views and I might be wrong.
Whats happening to ebay's professionalism ? So important an work shop and no body is aware. I have just seen that you posted a thread on 20th march and today on 23rd march the workshop is over.
In contrast, the Open House Chat with Mr. Sharat Digumarti was publicised well 15-20 days in advance.
Just see the response ..... only one member cared to post ....skyshopindia .
Time marked on the replies from ORD shows nobody participated during the 4-5 p.m online workshop.
Anyway.... Hello Chittu.
I feel buying & Selling in India is at a very nascent stage but with time, Community would know the importance of ORD.
I have few, very simple questions for you, in context with ebay.
I feel, in the begining most of the members would be looking forward to getting help from ODR India regarding feedback withdrawal. Am I right?
Secondly, when Seller has malacious intentions then ebay is there to protect the Buyer for Rs. 10,000. But when Buyer has malacious intentions then how would ODR India be able to help the Seller ? ebay would pay the claim to the Buyer but on the other hand pull the Seller for Non performance. Can ODR India guarantee justice to the Seller ?
And the last question....what do you think would be the percentage break up, as far as the useage of the four negociations are concerned in context with ebay disputes.
ODR INDIA is glad to participate in the online workshop today.
As the title of the workshop is “Understanding ODR INDIA and clarifying doubts”, this is exactly what we seek to achieve by this evening.
We hope by the end of this workshop eBay users will get a clearer understanding of ODR INDIA with no further doubts lingering.
A list of ODR INDIA FAQs have been posted for your information. We hope it offers some insight.
Please start with all your thoughts and doubts.
We will try our best to respond to all postings within this hour. If we are unable to do so, you can be assured that you will receive a response latest by tomorrow.
Feedback and Suggestions are very important to ODR INDIA to help us to improve and provide you with qualitative online dispute resolution services.
1. What amount is exactly mean by Hi-Value for a dispute suited for Arbitration?
High Value means the amount in dispute is of a big sum. High value might also mean that the case is complicated that you need an Arbitrator to decide the dispute for you.
Arbitration is a very formal process, next to litigation. The fees for Arbitration is also high because of the formalities involved and the time required for such a process.
Ideally before parties decide on Arbitration, they should first try out Mediation. Only if they are unable to resolve their dispute via Mediation should they opt for Arbitration and ask the Arbitrator to decide on the dispute.
2. Is there is any criteria for a) Assisted Negotiation, b)Automated Negotiation c) Mediation d) Arbitation
Most civil and commercial disputes can make avail of these methods of dispute resolution.
However certain case are not suitable for Alternative Dispute Resolution:
Criminal matters
Constitutional matters
Cases trying to establish precedents
Winding up of companies
For Arbitration the requirement under Section 7(1) the Indian Arbitration and Conciliation Act, 1996 states that the dispute must be in respect of a defined legal relationship whether contractual or not. Matters of moral or spiritual relations will not be fit for Arbitration.
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?
The first step the seller has to take is to get the email id of the buyer. On how to get the email id of the buyer ( or 2nd Party) please see https://www.odrindia.com/steps.php
Once you have obtained the email id of the 2nd party (in this instance the buyer) you should proceed to “File a case” on www.odrindia.com .
You will be presented with a 1st party form. This form also contains a field asking you to fill in the email id of the 2nd party (in this instance the buyer).
Once this form is submitted, the 2nd party (in this instance the buyer) will be notified via email that a request to resolve a case via ODR INDIA has been filed by the 1st party (in this instance the seller)
5. Is there any mark will be added with each listing of the seller?
To rephrase the question according to my understanding, will a seller subscribing to ODR get a trust seal on his listings?
The answer is no, as of now we do not have any plans to offer marks or logo's on listing. ODR India is completely a 3rd Party and has no platform intergation with eBay
ODR India doesn't offer any verfication service and doesn't offer any Trust Seals/Logos
Trust this answers your questions. Can I help you with any other clarifications?
Are the settlements reached via ODR enforceable in India?
When you resolve your dispute via Assisted Negotiation or Automated Negotiation, the parties may incorporate what has been agreed into an agreement. This agreement will have the same force as any contract.
For Mediation, upon resolution of dispute, the Mediator will assist the parties draft the settlement which will have the same force as any contract.
For Arbitration, the Arbitrator will draw up the award which can be enforced in any court in India.
What happens if one party fails to comply with the settlement?
The prevailing party can file a suit in court for breach of agreement.
Why are we having a promotional 3 months period and what happens after that?
Like for every product we are launching and testing the waters.
During this 3 months period: Assisted Negotiation is free First 25 cases for Mediation is free, thereafter Rs 750 per case. 50% discount for Arbitration cases
If there is a demand for this service, we are willing to consider offering Assisted Negotiation free at all times and study how we can offer better rates for Mediation and Arbitration.
We care for all users, have their best interests at heart, listen to suggestions and strive to provide affordable and quality online dispute resolution services.
Online Dispute Resolution is like any other alternative dispute resolution mechanism. The only difference is that in ODR the dispute resolution is conducted via online means. India encourages all services and sectors to use the online environment.
Here are some articles for your information on ODR in India:
Only the parties involved, Neutrals and ODR INDIA staff have access to case details.
What happens if the other party refuses to respond/participate?
ODR INDIA will send case notification reminder emails at regular intervals for a period of 14 days encouraging the other party to respond and participate in the process.
After the 14 days the case is closed. However, if the other party chooses to respond and agrees to participate the case will be reopened.
ODR INDIA cannot guarantee participation as ODR is a voluntary process where it is important that both parties participate willingly to reap benefits of the process and comply with settlements reached.
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.
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.
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 “File a Case”, 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
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?
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.
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.
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.
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
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.
Workshops Discussion Board
Learn more about RSS
Must use Buy It Now and PayPal.
)
)
eBay Community News
