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.

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.


Agreement

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
  • Enforcement 
  • That this is the final agreement and is legally binding.

You need to sign a written settlement agreement if you want the agreement to be legally binding.  (See terms of use of the platform.) You may want to take legal advice before signing it.

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.

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