DATES: SEP 29 - 30, 2020 



This 2-day practical seminar aims to equip the participants with the right set of skills to confidently adapt to the Online Dispute Resolution (ODR) environment by adopting a highly interactive and hands-on experience of utilizing new ODR tools, technologies and approaches in dispute resolution.



The seminar will be delivered through 2 live on-Line sessions via Zoom videoconferencing platform. Each session will last approximately 3.5 hours and will start at 8:30am Washington DC time (Eastern Standard Time). We expect the class to be highly interactive and will include presentations, case studies and exercises.


Course Outline

  • Evolving challenges in ODR and strategies to overcome them
  • Understanding the origins of online dispute resolution (ODR) and its relationship to ADR
  • How ODR relates to intercultural/international issues
  • Trust building and ODR
  • Application of online tools in a traditional mediation context
  • Mediation techniques in sample platforms through simulations
  • Key ODR Practitioner skills (e.g. technology management, summarizing, balancing power differentials)
  • Managing party expectations and encouraging participation






Introduction to Online Dispute Resolution (ODR).

  •  Background of ODR
  •  Defining ODR
  •  ODR vs ADR vs Litigation
  • ODR communication types

    - Synchronous (e.g. video, audio, text chat, simultaneous collaboration)
    - Asynchronous (e.g. discussion forums, email)
  • UNCITRAL Technical Notes on ODR 2017

    - Ensuring ongoing quality in ODR (feedback, credentialing, and regulation)
    - Privacy, security, data protection, and legal issues in ODR
  • Ethical Principles in ODR


Introduction to Online Mediation.

  • Defining Online Mediation
  • Advantages and Disadvantages of Online Mediation
  • Considerations: Offline vs Online
  • Online Mediation Ethics
  •  Singapore Convention on Mediation Assessing different tools/platforms

-  Olé! Online Dispute Analysis Tool



Practical Aspects of Online Mediation


  • Mediation session Scheduling and timing
  • Before Mediation Begins
  • Mediator’s Opening Statement: Setting Ground Rules to accommodate online   environment
  • Conducting Joint sessions
  • Virtual Breakout Rooms/ Caucuses
  • Switching Rooms
  • Other Functionalities: screen sharing, whiteboards, waiting room and breakout rooms
  • Security considerations
  • Testing & Backup Plans






Mediator’s Skills & Techniques

  • Online Mediation Core Competence Skills
  • Online Active listening
  • Non-Verbal Cues/Body language
  • Empathy in ODR
  • Building trust online
  • Issues of confidentiality
  • Online drafting of the MSA
  • Electronic Signatures
  • Ending the Mediation/Post Mediation





Online Arbitration

  • Defining Online/ Virtual Arbitration
    • Documents-only arbitration (e-filing)
    • Semi-Virtual arbitrations
  • Preliminary Considerations, Logistics and Preparatory Arrangements
  • Security and Privacy Considerations
  • Cyber Protocol, Infrastructure and Technical Standard
  • Comparison of Protocols and Guidelines
  • Party Participation


Practical Issues in Virtual Arbitration Proceedings

  • Preparing for and conducting virtual arbitration
  • Adopting virtual Procedural Order/Directives
  • Evidence and Document Production (witness, experts, documents, observers, interpreters, recording, etc.)
  • Recording of evidence


Issues relevant to the Conduct of Virtual Hearings

  • Due Process
  • Tools and Functionalities:
  • Virtual breakout rooms, the ability to share screen views with other participants, separate audio channels for use by translators, messaging functions, and document sharing functions
  • Virtual Cross Examination
  • Tribunal dynamics in a virtual setting – deliberations


Future considerations

  • E-discovery
  • E-awards
  • E-enforcements




Feedback and Evaluation Form

Certificates of Attendance



Course Advisor:

Madeline Kimei is the Founder & Principal Director of iResolve Limited, a boutique corporate, arbitration and dispute resolution firm base in Dar es Salaam, Tanzania. She has acted as counsel, party-appointed arbitrator, commercial mediator and arbitral secretary in both domestic & international arbitration cases.

She is the current President of Tanzania Institute of Arbitrators (TIArb) and Chairperson of the Africa-Asia Mediation Association (AAMA). She serves as a member of the ICC International Court of Arbitration for Tanzania, the ICC Africa Commission, the ICC Commission on Arbitration & ADR; a newly appointed member of the IBA Africa Arbitration Network, a member of the Pledge Africa Sub-Committee, a member of the Caspian Arbitration Society and also a faculty member of the Bangladesh International Mediation Society, and is a Regional Director of the Centre for International Alternative Dispute Resolution (CIADr). Ms. Kimei is also a Fellow of the World Mediation Organization and Representative of ADR Point for Tanzania.

As an independent neutral, she currently serves on the panels of SHIAC, Caspian Arbitration Society, Tanzania Institute of Arbitrators (TIArb) and the National Construction Council (NCC). She also takes on the role of an arbitral secretary in complex arbitration cases and legal transcriber.

She has worn various hats and has served as member of the editorial board of the Tanganyika Law Reports and was a member on the Governing Council of the Tanganyika Law Society 2017-18.

As an ADR and ODR enthusiast dedicated to international and social activities. She has presented in ADR-related conferences both locally and internationally and is an experienced trainer in arbitration, ADR and ODR for tailored programs to private and public organizations; public seminars and. She writes and publishes in the area of dispute resolution.

In 2019 she was awarded the Top 50 Women in Management Award in Tanzania and was a finalist for the Innovation in Arbitration, Africa Arbitration Awards (EAIAC). Recently, Ms. Kimei was awarded Top 50 Most Promising Young Arbitration Practitioner’s Award 2020 and is most recently awarded the Africa Arbitration Awards, Young Arbitration Practitioner 2020.

Ms. Kimei is a renowned Africa -based legal industry futurist adopting tech- legal solutions such as iResolve™, an ODR system launched in 2015 aimed at realizing her ambition to provide innovative delivery of legal solutions. She describes the next generation as “smart dispute resolvers” and offers tailored trainings under the ILI Washington on ODR, online mediation and virtual arbitration practical courses to various institutions.