Alternative Dispute Resolution (ADR) & Online Dispute Resolution (ODR) for EU Consumers: The European and Cypriot Framework

2019 ◽  
pp. 367-392
Author(s):  
Anna Plevri
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Online Dispute Resolution

scholarly journals Złożenie skargi przez konsumenta za pośrednictwem ODR (Online Dispute Resolution) – internetowego systemu rozstrzygania sporów

2019 ◽  
Vol 17 (1) ◽  
pp. 183-194
Author(s):  
Anna Rogacka-Łukasik
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Other ◽  
Online Dispute Resolution ◽  
Other Hand ◽  
Resolution System ◽  
Wide Range ◽  
Technical Innovations ◽  
Modern Form ◽  
Dispute Resolution System

ADR (Alternative Dispute Resolution), as a non-judicial resolution of disputes, is a wide range of mechanisms that aim to put an end to a conflict without the need of conducting a trial before the court. On the other hand, the modern form of ADR is ODR (Online Dispute Resolution) – an online dispute resolution system that is the expression of the newest means of communication and technical innovations in order to help in non-judicial dispute resolving. The goal of this publication is to present the ODR platform and, in particular, to describe the process of filing a complaint by the consumer by means of it.

scholarly journals Advanced Technologies for Supporting Dispute Resolution: An Analysis

2019 ◽  
Vol 2 (1) ◽  
pp. 47-57
Author(s):  
Serkan Kaya ◽  
Muhammed Danyal Khan ◽  
Rao Imran Habib
Keyword(s):  
Artificial Intelligence ◽  
Dispute Resolution ◽  
Communication Technology ◽  
Alternative Dispute Resolution ◽  
Information Communication Technology ◽  
Digital Age ◽  
Information Communication ◽  
Digital Revolution ◽  
Online Dispute Resolution ◽  
Advanced Technologies

Current Traditional litigation in courts is still considered as the main dispute resolution forum for civil disputes. However, as a result of the digital revolution of society, traditional litigation has become very slow, expensive, formal, and complex. To meet the requirement of the digital age regarding the resolution of disputes, Online Dispute Resolution which is a combination of Alternative Dispute Resolution with Information Communication Technology, has become the new trend for resolving disputes. This article critically examines the use of Artificial Intelligence in ODR and gives some successful examples of global ODR services.

scholarly journals PRINSIP KEMANFAATAN PENYELESAIAN SENGKETA ELEKTRONIK SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA TRANSAKSI PERDAGANGAN ELEKTRONIK

2021 ◽  
Vol 6 (2) ◽  
pp. 67
Author(s):  
Ayudya Rizqi Rachmawati ◽  
Rahmadi Indra Tektona ◽  
Dyah Ochtorina Susanti
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Low Cost ◽  
Legal Research ◽  
Online Dispute Resolution ◽  
Resolution System ◽  
Dispute Resolution System

The research is motivated by the need for eff ective, effi cient and low-cost dispute resolution in dispute arising from electronic commerce transactions. That is because the implementation of electronic commerce transaction ha the characteristic of speed and ease, then it must also be accommodated in the process of settling the dispute. This study aims to analyze, and provide a description of the form of application principle of utilities in ODR as an alternative dispute resolution of electronic commerce user. The result of this normative legal research which uses statute and conseptual approach provide an explaination that online dispute resolution as an e-commerce alternative dispute resolution system trial has been in accordance with the principle of utilities, because to fulfi ll an element that there are in principle utilities in the analysis on law and economic.

scholarly journals Towards an Effective Legal Framework for Online Dispute Resolution in E-commerce Transactions: Trends, Traditions and Transitions

2016 ◽  
Vol 24 (1) ◽  
Author(s):  
Sodiq O. Omoola ◽  
Umar A Oseni
Keyword(s):  
Best Practices ◽  
Dispute Resolution ◽  
Information And Communication Technology ◽  
Communication Technology ◽  
Alternative Dispute Resolution ◽  
Legal Framework ◽  
Legal Environment ◽  
Online Dispute Resolution ◽  
Convenient Means ◽  
Information And Communication

The need for convergence of best practices in Alternative Dispute Resolution (ADR) and Information and Communication Technology (ICT) cannot be overemphasised in an increasingly digitalised world. This undoubtedly led to the introduction of Online Dispute Resolution (ODR) few decades ago which is considered a fast, seamless, and convenient means of dispute resolution. With the increasing prominence of e-commerce transactions, several countries and regions of the world are on the quest to provide an effective legal framework for ODR in e-commerce dealings. This article analyses the approaches to ODR legislations for consumer protection in selected jurisdictions. The article finds that a comparative legal approach with some leverage on legal borrowing can help to create the required legal environment for ODR in other jurisdictions.  

scholarly journals KAJIAN HUKUM ONLINE DISPUTE RESOLUTION (ODR) DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999

2014 ◽  
Vol 1 (2) ◽  
pp. 111
Author(s):  
M Ali Mansyur ◽  
Hutrin Kamil
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Online Dispute Resolution ◽  
Resolution Process ◽  
Positive Law ◽  
Dispute Resolution Process ◽  
Mutual Agreement ◽  
Online Arbitration

Alternative dispute resolution (ADR) is an out of court dispute resolution. that the parties to the dispute by mutual agreement freely choose the form and procedures contained in the alternative dispute resolution and will be applied in the dispute resolution. One of the breakthrough by using a model of online arbitration, which is known as Online Dispute Resolution (ODR), so that the disputing parties can resolve anywhere he is. This research uses normative juridical approach, an approach to positive law or regulations reserved. By analyzing and evaluating legislation. Online dispute resolution process consists of: The parties agreed in the form of an agreement to resolve the dispute through arbitration online. Although legally, Online Dispute Resolution is not expressly provided in the Act No. 30 of 1999, does not mean there can be applicable in Indonesia. But the arbitrators and judges can use the method of the invention to overcome this law.

Consumer “Access to Justice” in EU in Low-Value Cross-Border Disputes and the Role of Online Dispute Resolution

2017 ◽  
pp. 191-208
Author(s):  
Inmaculada Barral-Viñals
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Consumer Contract ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Consumer Access ◽  
The Eu

This paper examines consumer access to justice in the EU by analysing how Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) can improve this access, especially in the case of low-value cross-border disputes, which constitute the majority of consumer contract complaints. The discussion is based on a widened concept of open justice that not only seeks to provide greater transparency, but also greater participation and collaboration as a means to improve consumer access to justice. The approach deals with the subjective and objective obstacles to accessing justice and the role of participatory justice. Finally, the paper examines the decisions taken by the EU in its attempt to foster both ADRs and ODRs for consumer disputes and determines which obstacles have been eliminated in promoting access to justice.

Designing consumer redress: a dispute system design (DSD) model for consumer-to-business disputes

Legal Studies ◽  
2016 ◽  
Vol 36 (3) ◽  
pp. 438-463 ◽  
Author(s):  
Chris Gill ◽  
Jane Williams ◽  
Carol Brennan ◽  
Carolyn Hirst
Keyword(s):  
System Design ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Systematic Approach ◽  
Ad Hoc ◽  
Business Activity ◽  
Online Dispute Resolution ◽  
Dispute System ◽  
Dispute System Design

This paper proposes a model for designing consumer dispute resolution (CDR) mechanisms (including conciliation, adjudication, arbitration and ombuds schemes). This field has expanded significantly in recent years, replacing courts as the primary forum of dispute resolution in some areas of consumer-to-business activity. This expansion has been ad hoc, with a lack of consistency in the design of CDR mechanisms and in the overall shape of the CDR landscape. In light of the recent implementation of the EU's Directive on Consumer Alternative Dispute Resolution and Regulation on Consumer Online Dispute Resolution, Dispute System Design (DSD) requires urgent attention to ensure that the design of future mechanisms is based on coherent principles. A failure to address this issue risks undermining the legitimacy of state-sanctioned dispute resolution. The model described in this paper proposes a systematic approach and aims to: synthesise existing DSD models; apply the concepts of DSD to the field of CDR; and provide a framework that may be of use in other disputing contexts.

Encouragement of mediation in England and Wales has been futile: is there now a role for online dispute resolution in settling low-value claims?

2020 ◽  
Vol 16 (2) ◽  
pp. 181-196
Author(s):  
Sue Prince
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Digital Transformation ◽  
Access To Justice ◽  
England And Wales ◽  
Online Dispute Resolution ◽  
The Core ◽  
Current Reform ◽  
Improve Access ◽  
Real Chance

AbstractIn England and Wales, the judiciary, Her Majesty's Courts and Tribunal Services (HMCTS) and the Ministry of Justice (MoJ) have embarked on an ambitious reform whose aims are to radically transform and restructure court services and introduce digital justice for the overall purpose of improving access to justice in relation to the resolution of disputes. The reality in the courts of England and Wales is that the current reform means automation of processes. Digital transformation offers a real chance to improve access to justice particularly for low-value claims where a simplified process is more proportionate to the value of the dispute. This paper argues therefore that, for everyday low-value civil disputes, alternative dispute resolution (ADR) processes should be at the core of any design. In addition, fashioning new means to deliver access to justice should not just be about increasing government efficiency, but also about using technology to design and create innovative, new, agile and ‘user-centric’ pathways.

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