Difference between revisions of "Dispute Resolution Procedure"
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| − | + | '''DRP''' is an acronym for '''Dispute Resolution Procedure'''. A Dispute Resolution procedure is a process used to settle conflicts between two or more individuals or organizations. It is used by professional mediators and arbitrators to help disputing parties communicate and negotiate their terms effectively and arrive at a solution that is beneficial for all parties involved. | |
| − | + | A DRP follows a formulated procedure to reach the optimum solution and satisfaction for all disputed parties. The process is quick compared to formal litigations. The procedure should begin within 90 days after the dispute has occurred and the procedure should end within 60 days after the procedure is initiated. In the U.S., the most popular ways that a dispute is resolved are by mediation and arbitration. <ref>[http://www.avlic.ca/services.php?drpinfo#drp avlic.ca]</ref> | |
| − | Dispute Resolution | + | == Types of Dispute Resolution Procedures == |
| − | + | The dispute resolution process varies according to the issues and the context of the dispute, and whether the matter has already been taken to the court. The following are some common DRPs: | |
| − | + | '''Mediation:''' This type of procedure involves a trained moderator to discuss the differences between the two parties and tries to see if they can reach an agreement. This type of resolution procedure can be carried out in matters related to children or property or both. | |
| − | |||
| − | '''Mediation:''' This type of procedure involves a trained moderator to discuss the differences between the two parties and tries if they can reach | ||
'''Conciliation:''' This type of procedure consists of a conference wherein the disputing parties apply to the court for a property settlement. The main objective of this type is to come to conclusion wherein the two parties reach an agreement so that proper consent orders are made. | '''Conciliation:''' This type of procedure consists of a conference wherein the disputing parties apply to the court for a property settlement. The main objective of this type is to come to conclusion wherein the two parties reach an agreement so that proper consent orders are made. | ||
| − | '''Negotiation:''' In this type, the issues of the two parties are sorted out, sometimes | + | '''Negotiation:''' In this type, the issues of the two parties are sorted out, sometimes by the lawyers of the two parties. |
| − | '''Arbitration:''' This type of procedure is used only in the case of property disputes. In this, | + | '''Arbitration:''' This type of procedure is used only in the case of property disputes. In this, the arbitrator considers what each party has to say and then sets a legally binding decision.<ref>[http://www.nysdra.org/whatisdr/whatisdr.aspx nysdra.org]</ref> |
== DRP in ICANN == | == DRP in ICANN == | ||
| − | To resolve | + | To resolve disputes in an independent and timely fashion, [[ICANN]] has established healthy relationships with some internationally recognized dispute resolution providers, such as the World Intellectual Property Organization ([[WIPO]])'s Arbitration and Mediation Center and the International Chamber of Commerce ([[ICC]]). DRP is used primarily to resolve disputes that come up in the [[gTLD]] application process.<ref>[http://help.register.it/faq/eng/domains/liberalisation_of_new_gtlds/index.html#id1280 help.register.it]</ref> |
| − | There are various policies | + | There are various ICANN policies that are applicable to different types of disputes between registrants and third parties over the use of domain names and registration. These policies are mentioned below: |
| − | * Uniform Domain-Name Dispute Resolution Policy | + | * Uniform Domain-Name Dispute Resolution Policy ([[UDRP]]) |
* Charter Eligibility Dispute Resolution Policy | * Charter Eligibility Dispute Resolution Policy | ||
* Eligibility Reconsideration Policy | * Eligibility Reconsideration Policy | ||
| Line 36: | Line 34: | ||
* Proceedings | * Proceedings | ||
* Approval Process for Dispute Resolution Service Providers <ref>[http://www.icann.org/en/udrp/ icann.org]UDRP</ref> | * Approval Process for Dispute Resolution Service Providers <ref>[http://www.icann.org/en/udrp/ icann.org]UDRP</ref> | ||
| + | |||
| + | ==See also== | ||
| + | * [[ADR]] | ||
== References == | == References == | ||
| Line 41: | Line 42: | ||
{{reflist}} | {{reflist}} | ||
| − | |||
__NOTOC__ | __NOTOC__ | ||
| + | |||
| + | [[Category:Mechanisms]] | ||
Revision as of 16:13, 15 August 2022
DRP is an acronym for Dispute Resolution Procedure. A Dispute Resolution procedure is a process used to settle conflicts between two or more individuals or organizations. It is used by professional mediators and arbitrators to help disputing parties communicate and negotiate their terms effectively and arrive at a solution that is beneficial for all parties involved.
A DRP follows a formulated procedure to reach the optimum solution and satisfaction for all disputed parties. The process is quick compared to formal litigations. The procedure should begin within 90 days after the dispute has occurred and the procedure should end within 60 days after the procedure is initiated. In the U.S., the most popular ways that a dispute is resolved are by mediation and arbitration. [1]
Types of Dispute Resolution Procedures
The dispute resolution process varies according to the issues and the context of the dispute, and whether the matter has already been taken to the court. The following are some common DRPs:
Mediation: This type of procedure involves a trained moderator to discuss the differences between the two parties and tries to see if they can reach an agreement. This type of resolution procedure can be carried out in matters related to children or property or both.
Conciliation: This type of procedure consists of a conference wherein the disputing parties apply to the court for a property settlement. The main objective of this type is to come to conclusion wherein the two parties reach an agreement so that proper consent orders are made.
Negotiation: In this type, the issues of the two parties are sorted out, sometimes by the lawyers of the two parties.
Arbitration: This type of procedure is used only in the case of property disputes. In this, the arbitrator considers what each party has to say and then sets a legally binding decision.[2]
DRP in ICANN
To resolve disputes in an independent and timely fashion, ICANN has established healthy relationships with some internationally recognized dispute resolution providers, such as the World Intellectual Property Organization (WIPO)'s Arbitration and Mediation Center and the International Chamber of Commerce (ICC). DRP is used primarily to resolve disputes that come up in the gTLD application process.[3]
There are various ICANN policies that are applicable to different types of disputes between registrants and third parties over the use of domain names and registration. These policies are mentioned below:
- Uniform Domain-Name Dispute Resolution Policy (UDRP)
- Charter Eligibility Dispute Resolution Policy
- Eligibility Reconsideration Policy
- Eligibility Requirements Dispute Resolution Policy
- ASIA Charter Eligibility Requirements Policy
- Intellectual Property Defensive Registration Challenge Policy
- Qualification Challenge Policy
- Restrictions Dispute Resolution Policy
- Start-Up Trademark Opposition Policy
- Sunrise Challenge Policy
- Transfer Dispute Resolution Policy
- Proceedings
- Approval Process for Dispute Resolution Service Providers [4]