Dispute Resolution Procedure
DRP is an acronym for Dispute Resolution Procedure. 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 to communicate and negotiate their terms effectively and arrive at a solution that is beneficial for all parties involved.
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 is by mediation and arbitration. [1]
The 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 the disputes in an independent and timely fashion, ICANN has established healthy relationships with some internationally recognized dispute resolution providers to look after the dispute resolution processes as a part of their evaluation of generic Top Level Domains (gTLDs). The Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO), and the International Chamber of Commerce (ICC) are the providers who provide the necessary expertise to ICANN with matters related to evaluation of the applications. [3]
There are various policies which are applicable in different types of disputes between registrants and third parties over the use of domain names and registrations in ICANN. A Uniform-Domain Name Dispute Resolution policy applies to all the generic Top Level Domains (gTLDs). These policies are mentioned below:
- Uniform Domain-Name Dispute Resolution Policy
- 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]
See also
References