Technology and the NMB

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Technology and the NMB ADR Program
Presentation to the ABA May 24, 2005
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Harry R. Hoglander Chairman
Edward J. Fitzmaurice, Jr. Board Member
Read Van de Water Board Member
Daniel Rainey Director, ADR Services
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Some Technology Supporting the NMBs Mission
Online Dispute Resolution (ODR)
Video Teleconferencing (VTC)
E-Business
Document and Records Management
The NMB Web Site (www.nmb.gov)
Telephone Electronic/Web Based Representation
Voting
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For Discussion Today Online Dispute Resolution
(ODR) Video Teleconferencing (VTC) NSF Grant
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Online Dispute Resolution (ODR)
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When have dispute resolution professionals
embraced technology?
When it saves time and is reliable
When the parties have equal access/control
When the learning curve is not steep
When the technology made the process better
When the cost was not prohibitive
When it was not physically cumbersome
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E-Facilitation Software

• Brainstorming/Issue Discussions
• Rating and Ranking
• Surveys

Current Uses

• Bargaining and Problem Solving
• Training
• Evaluation

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Brainstorming
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Brainstorm--comments
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Rating and Ranking
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Video Teleconferencing (VTC)
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Current State of Technology

• ISDN point-to-point (Procom)

• Web-based document sharing (Groove/Microsoft)

• Web-based video plus document sharing (WebEx,
  Breeze, Net Meetings)

• Grid Computing (Leeds demo last week)

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What the NMB Offers
ISDN and IP Point to Point Through an agreement
with the NLRB (details on the NMB web site)
Web Based VTC and Document Sharing Through a
license with WebEx
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• WEB EX DEMO

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Conference in progress
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Video capability
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Chat capability
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Whiteboard demo
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Whiteboard doc sharing
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Sharing docs applications
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Wrapping Up
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Current uses

• Contract Language
• NMB Internal Use
• Grievance Arbitration
• Sharing Neutrals Mediation

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National Science Foundation Grant
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The Project
In 2004, the NSF awarded the University of
Massachusetts at Amherst a grant to cover a three
year study of online dispute resolution
technology.
UMass will use the NMBs Grievance Mediation
Program as the arena in which ODR tools are
evaluated.
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The Project Research Areas
The use of Process Modeling to design and
implement ODR software.
The impact of ODR technology on grievance
mediation.
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The Project Researchers
National Science Foundation funder and
evaluator of research.
UMass-Amherst Computer Science, Business
School, and Dispute Resolution involved in
research.
NMB Involved in design and implementation NMB
mediators will conduct grievance mediation.
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The Project Why GM?
GM at the NMB is very similar to mediation in
other contexts the results can be generalized.
With enough partners, there are enough cases to
make the research meaningful.
Grievances are discrete and short term events
the researchers will have results for each case.
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The Project GM History
The NMB has conducted grievance mediation as part
of its ADR program since 1997.
In FY 2004, NMB mediators assisted with 180
grievances 132 were resolved in mediation.
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The Project Phase One
Use process modeling to develop ODR software for
the research input from NMB and parties.
Solicit carrier and union partners to submit
grievances.
Work with parties to define appropriate
grievances for submission.
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The Project Phase Two
Train NMB Mediators in ODR techniques using UMass
software.
Mediate grievances and monitor outcome.
Traditional Mediation
Grievance
Resolution
ODR Mediation
Arbitration
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The Project Phase Three
Evaluate and Report on Results of Research
Make ODR Technology Available Beyond NMB
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Questions?
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Technology and the NMB ADR Program
For information contact
www.nmb.gov rainey_at_nmb.gov barbour_at_nmb.gov