How e-negotiation works
Our negotiation process is managed on our ODR platform. It allows parties to engage in online bidding with another party who is claiming rights to a domain name. Our qualified coaches are available to assist parties through the process.
Our e-negotiation process is managed on our ODR platform. It allows parties to engage in online bidding with another party who also has rights to the conflicted domain name. Our coaches are available to assist parties through the process.
Online dispute resolution is a service we are offering to provide easier access for everyday .nz domain name holders to find agreement. It enables fast, effective, and practical outcomes without the time and stress of an expert determination process and a lot of paperwork.
If you need to reach an agreement on the ownership of a domain name or a conflicted name then ODR is recommended as your first step. Through our online tool you can e-negotiate with the other party and, if necessary, engage with a coach or mediator.
E-negotiation is a form of automated negotiation that is best used for disputes where a simple transactional settlement can potentially be reached.
Parties specify two values - the lowest figure that they are prepared to accept to resolve the issue and their ideal (maximum) figure.
The e-negotiation tool then generates an automated proposed outcome that the parties can either accept or decline. If both parties accept the automated outcome they enter into a settlement agreement that is legally binding.
If they decline the automated outcome, they can enter a new round of bidding. Entering the same figures may result in another decline so the parties may wish to move to a more reasonable position each round.
The figures generated by the e-negotiation tool takes into account both party’s bids.
E-negotiation for conflicted names has a unique feature. Because neither party is the holder of the disputed domain name, the parties need to bid on what they would pay to obtain exclusive rights to register the domain name (an acquisition figure) and bid on what sum they would be prepared to accept to relinquish rights in the name (a relinquish figure).
The tool produces two proposed settlement outcomes after the initial bids are placed. Specifically, one auto-generated figure for a deal in which you would pay to acquire rights and another auto-generated figure of what you would be paid to relinquish rights. A resolved outcome is only achieved if both parties choose to enter into the same transaction.
Ready for E-negotiation?
If you are ready for e-negotiation, you are more than welcome to get started.
We do strongly suggest that you read/ watch some additional information just before you get started.
More information regarding getting ready for e-negotiation can be found here.
How is the automated outcome generated?
The figures are generated by Immediation’s online tool after minimum and maximum figures are entered by the parties.
There are a number of rules used to generate the most appropriate outcome. The automated outcome generated is determined in light of whether the figures entered by the parties show an overlap or a gap in the party’s positions.
Both parties need to review the suggested transaction (generated by the automated negotiation) and decide if they want to proceed.
If you reach an agreement by e-negotiation, a written settlement agreement is generated that both parties are asked to sign recording:
- What steps the parties have agreed to take to change their preferences for the domain name
- What money needs to be exchanged
- The date and mechanism of the exchange of monies
- That this is the final agreement and is legally binding.
Parties can enter into their own settlement agreement that they agree on, but unless the standard terms are used, it is unlikely that DNCL can assist with any enforcement.
Enforcement of an Agreement
If the parties use the standard platform settlement agreement, they are empowering DNCL to take certain steps to enforce the agreement.
Specifically, DNCL has authority to enforce a conflicted name change of preference by changing the preference in the conflicted names database, but will only take that action where any agreed payment has been paid.
However, DNCL may, at its absolute discretion, decline to enforce agreements in which case the parties may look at other options including going to court to enforce the agreement.