- To access the roleplay go to www.TheMediationRoom.com and click the Case Access button at the top.
- Login using the username 'cyberweek' and the password 'guest'
- Left click on the case name - Cornercut Designs and Dan DeMandin and then click the 'View Case' button.
- Once the case opens you will be in the Case Background area and able to click on the message to open up the case details. You will also be able to
navigate in and out of the various discussion rooms by clicking within the left
- You will be able to view, but not contribute to, the discussions between the mediator and the parties in the: 'Mediator - All Parties' room and in the two caucus areas, 'Mediator- Party 1' and 'Mediator - Party 2' (Cornercut is Party 1 and DeMandin Party 2) .
- You will, however, be able to add messages to the 'Mediator-Private Area' , where the mediator can discuss matters with his assistant (in real cases this can be with a mentor for newly qualified mediators or those less experienced in mediating online) and the 'Anonymous Area' where all parties can brainstorm solutions without their identity being displayed
Here is the scenario:
Cornercut Design were asked by Dan DeMandin to create a website for him.
No detailed specification was drawn up. The parties had a meeting and exchanged various emails.
The price was agreed at $1,500. The website was to be finished in 2 weeks.
The website was finished and handed over after 4 weeks and an invoice issued. No payment has been made, other than a $250 deposit, and Cornercut are threatening to issue court proceedings for the balanceof $1,250.
According to Mr DeMandin, it was agreed that the website would include a database that would link to a map and so locate, and send an email to, a building contractor nearest to, and of the category required by, the enquiring client.
Cornercut deny such was included, albeit some early mention that was not followed up by either party and , they say, not agreed to by them. Their staff does not have the necessary expertise in any event.
Mr DeMandin denies liability on the basis that the database was fundamental to the website. Further he claims loss of business through the delay in delivery.Presented by
Graham Ross from the Mediation Room
Graham is a UK lawyer and mediator (IT, IP, company and commercial) with over 20 years experience in IT and the law. Graham is the author of legal application software (accounts and time recording) and the founder of LAWTEL, the popular web-based legal information update service. Graham co-founded the first Online Dispute Resolution service in the UK, WeCanSettle, and designed the blind bidding software at the heart of the system. Graham subsequently founded TheMediationRoom.com, for whom he designed their online mediation platform which operates on bespoke software developed specifically to meet the needs of both online mediation and arbitration. Graham is a Fellow of the National Centre for Technology and Dispute Resolution and speaks regularly at international conferences on the impact of the law on the Internet and e-commerce and on the application of technology to ADR. Graham was host of the 5th International Conference on Online Dispute Resolution held in Liverpool, UK, in 2007 . Graham was a member of the Working Party of the European Committee on Standardisation (CEN) which developed a taxonomy for Online Dispute Resolution and currently is a team member of the EMCOD
project (www.emcod.net) which is creating a facility for the European Union for the measurement of justice through ODR . Graham has run projects in ODR for the UK Courts Service, PayPal, European Consumer Centres and other organisations. Graham is also a leading trainer in ODR having created the leading e-learning course in ODR provided by TheMediationRoom to mediators in over 15 countries as well as developing a version specific for the Chamber of Arbitration of Milan.