2. Multi Party ODR UN ODR Working Group June 18, 2008 2008 International Forum on Online Dispute Resolution. Presentation by Triangle Associates, Inc. Bob Wheeler and Cole Gainer

3. Triangle Associates, Inc.  Since 1979  Woman owned  Small-mid size firm  Focus: Environmental & Natural Resource Areas  Facilitation/Mediation  Education  Public Involvement  Small business award

4. Traditional Dispute Resolution Approach  Scope/Contract  Convene  Interviews  Develop approaches/strategies  Series of face-to-face meetings  Work group meetings or conference calls  Plenary face-to-face meeting(s) & decisions  Implementation

5. Reasons for Needing ODR Alternatives  Nature of the dispute  Topics - technical, wordy and/or visual, and multi- faceted or sometimes narrow and focused  Time commitments  Wide geographic distribution of participants  Need for confidentiality  Technology savvy participants  Participant expectations regarding technology  Rising costs for face-to-face meetings  Sometimes known personalities  Green Benefits

6. Green Benefits

7. What are the Potential Obstacles?  From a perspective of traditional dispute resolution, not a lot of ODR experience  The Leading Edge  Participants receptivity (or lack thereof)  Clients receptivity (or lack thereof)  Client/Participant Technical Capabilities  Thorough instructions  Potentially distracting conferencing software  Technical blips  Transmission issues and Firewalls  Communication between facilitator and operator  Speed of movement/action  Software credibility and clutter  Potential for losing personal touch  Lack of personal contact and nonverbal feedback

8. Fundamental Ideas  Regardless of what techniques are being used, the field of facilitation/mediation will always need human interaction to be maintained.  ODR approaches need to compliment and preserve the human element in order to have successful facilitation/mediation.

9. Options: Triangle Traditional  Flip Charts & Easels

10. Options: Triangle Traditional  Flip Charts & Easels  Microphones, Audio/Digital Recorders, & (Audio/Video) Conferencing Capabilities

11. Options: Triangle Traditional  Flip Charts & Easels  Microphones, Audio/Digital Recorders & (Audio/Video) Conferencing Capabilities  Microsoft Office Programs

12. Options: Triangle Traditional  Flip Charts & Easels  Microphones, Audio/Digital Recorders & (Audio/Video) Conferencing Capabilities  Microsoft Office Programs  Remote Server

13. Options: Triangle Traditional  Website/Dreamweaver

14. Options: Triangle New Approaches InDesign  Desktop publishing software  Triangle products ranging from proposals to FAQ sheets to education materials

15. Options: Triangle New Approaches AirSet  Virtual computer desktop access via internet  Shared file storage  Schedule master for presenters

16. Options: Triangle New Approaches Meet-O-Matic  Multiple party meeting planning application

17. Options: Triangle New Approaches Glance  Remote multi- party screen sharing  Remote live document editing

18. Options: Triangle New Approaches Google Maps/Earth  Public outreach, direct mailings  Public notifications

19. Triangle ODR Experience: Federal Advisory Committee for Detection and Quantitation in Clean Water Act Programs (EPA-CWA)

20. Analytical Chemistry Statistics and Public Policy The purpose of the Committee was to provide advice and recommendations on approaches for the development of detection and quantitation procedures and uses of these procedures in Clean Water Act programs.

21. EPA-CWA  Triangle Traditional  Triangle New Approaches with focus on simplicity  Glance  Dual computer screens for live editing and instant products and notes  Both in person and remotely

22. EPA-CWA Triangle Traditional: Flip Charts, Microphones, Audio/Digital Recorders, & (Audio/Video) Conferencing Capabilities

23. EPA-CWA Live Editing  Highlights  Cross outs  Edits  Options  Discussion  SPEED!

24. EPA-CWA Split Screen  Presented Option

25. EPA-CWA Split Screen  Plenary Vote

26. EPA-CWA Dual Screens  Vote into decision  Multi task for note taking and immediate products

27. What We Could Anticipate Using (Dreaming)  Better cell phone coverage  Email troubleshooter for large files  Remote/electronic voting  Wireless file transfer  Track changes control  Microsoft Groove  Voice activated notes/transcripts  Web conferencing software  In-House project database software for project write-ups  Microsoft SharePoint Server

28. Conclusion  Reasons for using ODR are becoming more numerous  We are at a tipping point for moving from traditional facilitation/mediation approaches to using a larger range of alternatives, including ODR  Practioner’s are enjoying technical advances and feel comfortable with them  Do not lose the human connection  Results are what is important – Provide the technology because of its availability and its usefulness in helping to reach agreements