Smoothing Some Wrinkles in Online Dispute Resolution (original) (raw)
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The invention of the Internet and its rapid development marked the beginning of a new era and changed the understanding of the world in which we live. The borders between people have abolished, and people have come closer to each other regardless of where they live. Today, individuals are able to communicate their ideas across continents, gather news from around the world, have access to any information within seconds, and conduct businesses in a global market place. As the Internet continues to provide new horizons in our lives, enabling online transactions and interactions, it also becomes a platform where new forms of disagreements and disputes take place.
Online dispute resolution: The future of justice
2015
The purpose of this study is to present the main facets of online dispute resolution, including a definition of the term, the types of resolution available, and the most recent legal regulations in this area. The article is an in-depth study of this field, discussing online mediation and electronic arbitration, their uses and their relationships with e-commerce. The strengths and weaknesses of online dispute resolution are identified and used to help formulate de lege ferenda stipulations. The paper is divided into three parts. Part I looks at preliminary aspects of online dispute resolution (ODR), including a definition of the term and an examination of its phases of development, implementation examples and the relationship between ODR and technology. Part II is devoted to examining the two most frequent forms of ODR: online mediation and electronic arbitration. Part III is an analysis of consumer disputes arising from commercial transactions made using electronic communications. As an example of the implementation of ODR, the author emphasises the importance of new European regulations on that and alternative dispute resolution (ADR): Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/ 22/EC (Directive on consumer ADR), and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
ONLINE DISPUTE RESOLUTION: SCOPE AND MATTERS ARISING
With commercial transaction now making wave in the cyberspace, online dispute becomes inevitable. This has led to the evolution of Online Dispute Resolution (ODR). Since its emergence, ODR has shown itself capable of resolving online disputes especially with regards electronic commerce (e-commerce). Just like traditional ADR, ODR makes use of ADR mechanisms such as arbitration, mediation and negotiation. The only difference is that these ADR mechanisms are employed online. One area of ODR that has won the attraction of international organizations and private institutions is online arbitration. Online arbitration has mostly been used to resolve both online and offline disputes. Resolving disputes via online arbitration is similar to traditional arbitration except that disputes are resolved using various technological devices such as video-conference, e-mail, chats and electronic signature (e-signature). The ODR process has been hailed for its simplicity, speed, convenience and been least expensive when compared with traditional ADR and litigation. On the other hand, the process has been criticized as lacking face to face encounter, having security and confidentiality issues, problems with e-arbitration agreements and awards amongst many others. The good news is that most of these challenges are solvable thus, establishing ODR as a viable online equivalent of alternative dispute resolution.
2003
An essential problem in online forms of alternative dispute resolution is that it is difficult to structure and process the information that is exchanged between negotiating parties. This paper offers a simple scheme according to which users can enter claims and justify them with other claims. Claims can also be conceded, questioned and contradicted. Based on the information that is entered into the system, principles of computational dialectic are applied to compute which claims are established (accepted by all parties) and which are not. The scheme thus presented ensures that users are confronted with the consequences of the various claims made, which makes them hopefully more aware of the relative positions they occupy in the negotiation. The theory in the paper is illustrated with the help of a concrete business-to-consumer dispute and a partially implemented ODR client.
2004
Alternative dispute resolution (ADR) has become an established alternative method to litigation in solving disputes in many western jurisdictions. Online dispute resolution (ODR), the application of ICT in ADR has become a new and enhanced technique for dispute resolution. Most current ODR projects have been developed in the area of e-commerce. In this paper we discuss the emerging field of ODR research, point at some challenges for technology and outline strategies we have and are developing for supporting ODR including an integrated environment for supporting ODR and the use of trade-offs and compensation strategies for providing negotiation support. ACIS 2004 Proceedings Paper 79 ; Australasian Conference on Information Systems (15th : 2004 : Hobart, Tas.)
Legal Issues Arising in Online Dispute Resolution Systems
2019
These days, the Internet activity has become one of the routines of everyday life of people around the world. Its growth has created an ideal platform for business transactions particularly between the parties far away from each other. Although business to consumer (B2C) e-commerce has been influenced positively by this trend, each online transaction might lead to transaction disputes as their offline versions. It has been recognized that Online Dispute Resolution (ODR) is helpful in solving online disputes. ODR combines the advantages of Alternative Dispute Resolution (ADR) and those of the new information technology to reduce the cost. Accordingly, there is no need for traveling and the parties can participate from different locations in ODR and present their documents in a written form including email attachments along with copies fees and postal charges avoidable. Moreover, there is no limitation in terms of time in ODR since it is available 24 hours a day, 7 days a week around ...
Efficiency of Online Dispute Resolution: A Case Study
2000
The emergence of the internet as a commercial phenomenon has resulted in an explosion of interest in Online Dispute Resolution. Online Dispute Resolution (ODR) consists of a variety of settlement methods, which use the electronic environment to resolve conflicts. The aim of the paper is to evaluate the economic performance of a specific process elaborated by one of the main
Towards standardisation of online dispute resolution tools
2008
This contribution summarizes the main goals, objectives, and tasks done so far in the framework of the the CEN/ISSS Workshop on Standardization of Online Dispute Resolution Tools (WS/Stand-ODR), started on 17 December at the CEN Management Centre in Brussels (Belgium).
Consumer Dispute Resolution: The Way Forward
With the innovation of cyberspace Business and individuals use computer network to sell products, share information, converse and develop communities across borders of space and time on virtually every subject. The emergence of the internet as a tool in the ecommerce for the transactions between businesses to consumer (B2C) has far outcomes. The dominant advantage is that created an opportunity for business to have a direct contact with consumers and make electronic markets. The widely increasing of these activities in cyberspace and virtual communities on the internet, offline and online disputes are rising. The cost of litigation for resolving these disputes is prohibitive, the fighting and acrimony inherent in the process destroys relationships that otherwise could be preserved, and the inadequacy of current private international law, the lack of specialization, the complexity of litigation causes major delays. ADR (alternative dispute resolution) is a better way for the resolution of e-commerce disputes. ADR is a settling dispute outside of the courtroom and trained, impartial persons decide disputes or help parties decide disputes themselves. You often have more time and flexibility to fully explain your side of the case using ADR than you would in court. Moreover, the two factors of dispute resolution and information technology have combined into a new system, which is more effective, more flexible and less costly compare to traditional approaches. The tool is called online dispute resolution (ODR). The study analysis ADR and ODR mechanisms for conflict resolution of ecommerce especially in B2C disputes.