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Subject: [legalxml-comment] RE: [legalxml-odr-discuss] odrXML - Starting Point?
Rolly
Chambers (who is now co-chairing the eFiling committee of the ABA Science
& Technology Section with fellow LegalXML stalwart, John
Messing) asked if anyone was familiar enough the OdrXML draft
standard 1.0 to determine if that work was a good starting place for this
proposed OdrXML Technical Committee.
I'm cross
posting this response to the general list as we all need to become aware of this
important effort in Europe. We also need to look at the methodology and
work product of some XML devotees who have been working in parallel with us but
without any apparent cross-overs.
After studying their data model and scheme, let me offer
some observations from my notes - which are a work in progress. I'm
am in no way making judgments about the extensive and thoughtful work
already done by the Joint Research Centre Online Dispute
Resolution Workgroup "in Association with the European Commission."
Indeed, it's very impressive and state of the art. It is very different,
however, from the path that Legal XML and particularly the CourtFiling
TC with its equally impressive work on its DTD's and
policies to date as well as its plans to migrate to a schema in
release 2.0.
Our Integrated Justice Technical Committee has
taken a more parallel tack to OdrXML, in that the folks at SEARCH and
at Georgia Tech Research Institute are developing a data model, data
dictionary and a schema in parallel with work on specific document types such as
arrest reports, warrants, charging documents and sentence/disposition documents
through the life cycle of a criminal
matter.
Please take
my preliminary comments then as comparative observations and questions on
how we can harmonize this very important work out of Europe with the
efforts of Legal XML / OASIS and LEXML for global
standards.
JK Notes on
OdrXML V.1.0 -- 2002.08.27
1. OdrXML 1.0 uses a Schema rather than a Document Type
Definition. They have included very helpful relationship diagrams in
their documentation, although the link to the demonstration did not work when I
checked it last. This whole approach is a step ahead of some of
the work in progress by the Court Filing TC which is planning
to move to a schema. It parallels the Integrated Justice TC's
current work on a Data Model.
2. We all need to look carefully at the OdrXML data model to consider using this approach as our development framework. Several IT folks in the various Legal XML workgroups have strongly advocated this approach rather than just building stand-alone DTD's and Schema for individual documents and waiting for a horizontal workgroup to reconcile differences. 3. The OdrXML data model is case-centric. It describes a case rather than a document (a related attribute of a document in the model) -- or a court-filing envelope. This is a different approach than we have used, but we need some reactions from from the data modeling experts at Georgia Tech Research Institute and others to assess the OdrXML model and how we can merge, converge, build on their work or unravel some of the choices each of us have made in taking divergent paths towards the similar goals. 4. The ODR XML data model and schema includes an interesting transmission element. A document can include: "xsd:element name='transmissionMedia" type="TransmissionMediaEnum" with a list of MIME types to distinguish between image formats, document formats, clear text etc". The Legal
XML Court Filing Group has had a
robust debate on keeping a clear separation between the transmission envelope
and the underlying document. The ODR XML model needs clarification to determine if
considers making transmission an underlying component in
a Case or document [or a separate envelope which
could transmit a bundle of documents and exhibits.] The semantics on this point get even
more interesting with their definition of a "case" as "the overall envelope for all information in
a dispute." Given the meaning of the "envelope" concept in Court Filing,
we need to find a mutually agreeable alternative term such as a "container."
More importantly we need to compare
and reconcile our data models.
5. The primary players or actors in the OdrXML data model are Parties (Claimant, Respondent), Moderator (Case Officer, Mediator, Arbitrator) and Specialist (Witness, Translator, Expert). Based on some recent work in developing a virtual dispute resolution platform with VirtualCourthouse, we used a more encompassing term "Neutral, " which was strongly suggested by a number of US ADR providers. Our
development team also made further distinctions between types
of Cases. We added "Neutral Case Evaluation" and "Settlement Conference," for
example. The concept of a
facilitated settlement conference
with the neutral being more proactive than a mediator becomes quite
pointed when we realized that a
judges in Chambers acts as
neutral too. In addition, at least in the US, many courts
have mandatory ADR with a judge or court clerk who refers cases, monitors them and may receive status reports. Any overall model may need more
players, actors or "Personas" the terms used in the OdrXML
model.
The OdrXML
model is very understandably focused on European Community type eCommece
disputes. As we delve deeper into this work, we need to generalize the
data model to be more inclusive of other types of disputes such as domestic
relations, AAA, securities arbitration, etc.
Looking
at this whole data model afresh, makes me want to visit an even
broader data model that follows commercial transactions through their full
life cycle from bid, offer, contract, performance, dispute, litigation.
The Integrated Justice folks have addressed more document types in the life
cycle of an incident, an arrest, a warrant, a charging document and sentence
disposition. The missing element that the OdrXML data model raises
in a "case." That gets us into law firm, agency and court Case
Management Systems.
The great
American Naturalist John Muir has observed:"Whenever I pick up a small piece of
nature, I find it is connected to the rest of the universe." The work on
OdrXML reflects a part of the life cycle of legal matters. In part response
to Rolly's question then, this is a good place to begin, particularly if we
connect it "to the rest of the universe" and parallel work by other
LegalXML TC's.
My
compliments to the Joint Research Center for their clarifying work.
And to all,
please join the OdrXML TC or or other TC's so we can connect with the rest of
the global XML community.
Jim
Keane
ViceChair
LegalXML/Oasis Steering Committee
JKeane.Law.Pro
North Potomac Maryland USA
301-948-4062 F:
301-947-9159
-----Original Message-----
From: Rolly Chambers [mailto:rlchambers@smithcurrie.com] Sent: Friday, July 19, 2002 10:47 AM To: legalxml-odr-discuss@lists.oasis-open.org Subject: [legalxml-odr-discuss] odrXML - Starting Point? From Karl Best's initial message creating this discussion list, I
realize the scope is "to explore the formation of an Online Dispute
Resolution Technical Committee" - something I'm in favor of and am willing to
join in as a TC member.
I also understand from Karl's message that the idea is for an
ODR TC (if formed) to "build from relevant work done previously by the
Joint Research Centre Online Dispute Resolution Workgroup in association with
the European Commission." An OdrXML draft standard (
Version 0.1 ) is available at http://econfidence.jrc.it/default/show.gx?Object.object_id=EC_FORUM000000000000118C.
Additional and more general information about ODR is also available at
http://econfidence.jrc.it/default/show.gx?Object.object_id=EC_FORUM000000000000000D.
Is anyone familiar enough with the OdrXML draft standard 0.1 to have a view
whether it would be an appropriate starting point for an ODR TC to build
from? I've looked at the OdrXML 0.1 draft standard, but haven't studied it. I
certainly don't have any opinion whether it would be a good starting point
for an ODR TC. I'm interested to hear what views others may
have.
Rolly Chambers
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