1. Dispute Resolution in.uk Edward Phillips, Company Solicitor Nominet UK

2. Outline Background to Dispute Resolution Service Overview of service Benefits of mediation Expert decisions

3. Case studies –A well known soft drinks company –An Australian clothes manufacturer –landroverevents.co.uk

4. Background to Dispute Resolution Service One of Nominet’s core functions Less than 0.01% of registrations are disputed 2,400 cases since September 2001, 722 in 2004 Does not rule out legal action Free administrative and mediation service 56% mediation success rate Used by small businesses – 85% at mediation are unrepresented CEDR Award for Excellence in Alternative dispute resolution in Industry 2004

5. Overview of service Written submissions Informal Mediation Fee (€1,220 + VAT) paid by complainant Expert decision Appeal to panel (€ 4,880 + VAT)

6. The Policy - A successful complainant must show… i.They have rights in respect of a name or mark which is identical or similar to the Domain Name; and ii.The Domain Name, in the hands of the Respondent, is an Abusive Registration. (ie - was registered OR used in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's Rights)

7. Mediation Conducted informally by telephone & email No fee charged by Nominet Without prejudice and confidential 2 dedicated and professionally trained staff 10% of commercial mediation in the UK

8. Benefits of mediation Disputes can be resolved at an early stage: –Costs savings for parties –Constructive dialogue leading to solutions Solution arrived by parties: –Transfer –Complaint withdrawn –Shared site/links –Collateral agreements (e.g. computer game, a fleece)

9. Expert Decisions Complainant not obliged to pay fee until opts for expert decision High percentage withdraw without paying fee Next available expert takes next dispute (“cab rank”) Expert declares impartiality and independence

10. Summary Award winning service Neutral and impartial Efficient administrative system – low number of staff required Mediation success Local service gives scope for local policy and process revisions

11. Further information www.nominet.org.uk/drs.html