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The Past, Present, and Future of Online Dispute Resolution

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Orna Rabinovich-Einy, The Past, Present, and Future of Online Dispute Resolution, Current Legal Problems , Volume 74, Issue 1, 2021, Pages 125–148, https://doi.org/10.1093/clp/cuab004

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This article chronicles the evolution of the field of online dispute resolution from its inception in the mid-1990s to its current application in and outside the court system. While originally ODR played a modest role in the limited domain of e-commerce, over the years its application has expanded significantly, as have its form and function: from processes that have sought to replicate online equivalents to ones that reimagine the design of procedures to better fit party needs and to address the justice system’s longstanding problems. The article predicts that the future of ODR lies in increased automation, which includes artificial intelligence and various forms of structured negotiation, and, consequently, a reduced role for human third parties. This will require a rethinking of the ways in which access to justice, procedural justice and substantive justice can be realized. The key for realizing the values and goals of the justice system lies in the careful design and ongoing evaluation of online systems, activities that have themselves been transformed by technology and the availability of big data.

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Online dispute resolution: an artificial intelligence perspective

  • Published: 03 January 2012
  • Volume 41 , pages 211–240, ( 2014 )

Cite this article

  • Davide Carneiro 1 ,
  • Paulo Novais 1 ,
  • Francisco Andrade 2 ,
  • John Zeleznikow 3 &
  • José Neves 1  

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Litigation in court is still the main dispute resolution mode. However, given the amount and characteristics of the new disputes, mostly arising out of electronic contracting, courts are becoming slower and outdated. Online Dispute Resolution (ODR) recently emerged as a set of tools and techniques, supported by technology, aimed at facilitating conflict resolution. In this paper we present a critical evaluation on the use of Artificial Intelligence (AI) based techniques in ODR. In order to fulfill this goal, we analyze a set of commercial providers (in this case twenty four) and some research projects (in this circumstance six). Supported by the results so far achieved, a new approach to deal with the problem of ODR is proposed, in which we take on some of the problems identified in the current state of the art in linking ODR and AI.

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Department of Informatics, Universidade do Minho, Campus of Gualtar, 4710-057, Braga, Portugal

Davide Carneiro, Paulo Novais & José Neves

Law School, Universidade do Minho, Braga, Portugal

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School of Management and Information Systems, Victoria University, Melbourne, Australia

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Carneiro, D., Novais, P., Andrade, F. et al. Online dispute resolution: an artificial intelligence perspective. Artif Intell Rev 41 , 211–240 (2014). https://doi.org/10.1007/s10462-011-9305-z

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A Literature Review on Online Dispute Resolution and Application to B2B E-commerce

Profile image of Nikola Simkova

The rise in number of B2B e-commerce transactions inevitably leads to a corresponding rise in disputes over those transactions. Traditional methods of dispute resolution (litigation, arbitration or mediation) in the offline world, do not address the requirements of online users involved in disputes over online transactions. In response to the demand for dispute resolution procedures which recognize the online user's desire for a fast and flexible mechanism which has a global reach, various research have been performed worldwide. This literature review discusses studies on online dispute resolution. The results indicate four main topics – initiatives, methods, factors, effectiveness and effective system. The complexity of ODR and its implications for future research is discussed.

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Online Dispute Resolution as a Solution to E-Commerce Disputes: A Comparative Study of Pakistan and UK

The primary aim of this paper is to analyze the online dispute resolution (ODR) as a solution to E-commerce disputes. E-commerce is growing increasingly all over the world. The gradual development of this industry has also brought the issue of E-commerce disputes. The nature of disputes makes it difficult for parties to resolve it through conventional platforms such as courts and alternative dispute resolution (ADR). Therefore, ODR mechanism presents more viable solution for the E-consumers. However, in Pakistan, the regulatory and technological development of ODR is still very insufficient as the E-commerce is an infant industry but with solid growth rate. Therefore, this paper fills this gap and examines the regulatory and technological framework of ODR via comparative study in Pakistan and UK. For this research work, the comparative research approach has been utilized that is based on documentary analysis. It conducts a comparative study of ODR as solution to E-commerce disputes in Pakistan and UK. This paper analytically studies the parliamentary statutes and regulations in Pakistan, UK and international laws and other existing data and studies relating to ODR as solution to E-commerce disputes. At this moment, it's questionable if Pakistan's attempt to dealing with it is genuine and whether the existing inadequate ODR legislation can address the challenges. This research finds that, in order to safeguard online consumers, Pakistan is in a dire need to establish a legal framework for online dispute resolution. The lack of defined legislative criteria for ODR services causes several challenges, especially when public compliance is required. Furthermore, this research finds that the introduction of a mandatory automated negations, online mediation, and e-courts, as first step, might be helpful in this regard as the nature of e-disputes requires quick decision making due to its economic nature in order to avoid further loss. Moreover, this study concludes that the confidence of e-consumer can be increased if they are provided with an effective mechanism for redressal of their grievances

literature review on online dispute resolution

Osinachi Nwandem

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.

John Zeleznikow

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.)

fahimeh abedi

Pablo Cortes

Karolina Mania

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).

International Journal of Online Dispute Resolution (IJODR)

Aura Esther Vilalta Nicuesa

There is a close link between the growth of Internet usage, the development of mobile technology, the expansion of markets and the increasing number of online dispute resolution mechanisms (ODRs). This essay seeks to start a conversation about the need to provide justice by means of effective mechanisms, in particular for ecommerce disputes and transnational litigation. It also provides some information on the recent international initiatives towards the regulation of this new arena and finally concludes with an early approach to the future challenges and the impact on training, qualifications and expertise of ODR professionals and service providers.

iJOURNALS PUBLICATIONS IJSHRE | IJSRC

The nature of disputes rising at a far greater rate than ever before as people began to travel longer distances and communicate from further away meant that disputes developed as they grew in number and complexity. Alternative dispute resolution (ADR) measures were employed. However, the rapid rise in B2C electronic transactions produced a number of concerns for businesses and consumers. the traditional dispute resolution through court proceedings is unsuitable for problems that arise in e-commerce. Therefore, the global arena is witnessing a departure from the traditional process of dispute resolution to online dispute resolution (ODR) in its various forms. This article analyses all the alternative dispute resolution methods, especially e-arbitration used to settle disputes. And what is the Distinguish between e-arbitration and other alternatives.

The Internet has created a global marketplace, where consumers can purchase goods and services. For online purchases, disputes can occur and are called electronic commerce disputes (e-disputes). The need for an appropriate jurisdiction for e-disputes has resulted in the development of Online Dispute Resolution (ODR), a mechanism for resolving these disputes through the internet. Currently, there is no universal agreement about the concepts of procedural fairness, trust and security in ODR systems, although these issues have been widely discussed in the field of Alternative Dispute Resolution (ADR). This research aimed to develop a set of standards, so that e-commerce users have faith in the fairness, security, and trust of ODR systems.

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COMMENTS

  1. Online dispute resolution: Does the system actually enhance the

    Literature Review. 2.1. Types of online dispute resolution. According to I Made Widnyana, Online Dispute Resolution consists of 3 (three) types of dispute resolution, including online negotiation, online mediation, online arbitration, or even a combination of the three. ... Online Dispute Resolution is a dispute resolution that is carried out ...

  2. (PDF) A Literature Review on Online Dispute Resolution and Application

    A Literature Review on Online Dispute Resolution and A pplication to B2b E-Commerce 248 ODR is one of the core elements of trust building process, so it would be good to know how

  3. The Past, Present, and Future of Online Dispute Resolution

    2. The Past: ODR as Online ADR. As we look to the past, the first two decades of ODR as of the mid-1990s, can be described as the era of e-commerce. At the time, ODR was viewed mostly as a niche-solution where face to face interaction was unavailable or unlikely given the associated costs of a physical meeting.

  4. Online dispute resolution: The future of justice

    2.2. ODR and technology. Online dispute resolution constitutes an implementation of existing forms of ADR that enables its use on the Internet. The main assumption of alternative methods of dispute resolution - that is, the presence of a third party during the process of reaching an agreement - remains unchanged.

  5. (PDF) The use of technology in dispute resolution; A ...

    The article is an in-depth study of the online trade and online dispute resolution and instances which keep Pakistan's judiciary's unwillingness in assimilating this entity into its judicial ...

  6. Online Dispute Resolution and the Future of Justice

    Online dispute resolution (ODR) is the study of how to effectively use technology to help parties resolve their disputes. Originally crafted by companies like eBay to promote trust in eCommerce, ODR is now being integrated into the courts to expand access to justice and reduce costs. With the expansion of artificial intelligence and machine ...

  7. Designing Ethical Online Dispute Resolution Systems: The Rise of the

    The application of technology, the "fourth party," plays an increasingly integral role in how we negotiate resolutions to our disputes, with or without a third party. A brief overview of the history of ODR's development will set the context for the exploration of the range of tools and techniques encompassed by online dispute resolution.

  8. The Future of Online Dispute Resolution (ODR): Definitions ...

    Jurisdictions around the world are increasingly turning to Online Dispute Resolution ('ODR') to resolve a variety of disputes. ODR adoption has accelerated primarily because of two reasons. First, the COVID-19 pandemic has forced judicial systems to suspend or severely limit inperson proceedings to control infection rates.

  9. Online Dispute Resolution Services: Justice, Concepts, and ...

    Online Dispute Resolution (ODR) services are a key mechanism that may provide a viable solution to the flood of e-disputes. ODR services can cater to online (and potentially offline) consumers and can address many of the abovementioned problems of physical litigation systems. ODR services, also known as e-ADR services, are interactive, web ...

  10. Online Dispute Resolution: Some Implications for the Emergence of Law

    Online dispute resolution uses the communication of information and the processing of information to negotiate, mediate and arbitrate online. These systems are important not only for resolving conflicts but for fostering environments in which agreed upon rules and standards can emerge.

  11. Online Dispute Resolution: Present Realities, Pressing Problems and

    It is suggested that, while online dispute resolution is both a tool and a process, its development is still in its infancy, and more research is required before it can be confident that such practices and guidelines take advantage of the new technologies while avoiding their disadvantages. This article provides an overview of recent developments in the use of technology in dispute resolution ...

  12. The role of Artificial Intelligence in Online Dispute Resolution: A

    1. Introduction. Law is, at its heart, a matter of dispute resolution. Footnote 1 It is therefore of little surprise that a significant amount of discussion revolves not only around the nature of the law itself, Footnote 2 but also around the manner in which disputes are resolved. Footnote 3 Nonetheless, there is consensus on the fact that one major weakness of resolving disputes using the ...

  13. Current Research and Practice in Online Family Dispute Resolution

    The literature review presented in this chapter was conducted to scope the current research and practice evidence for online dispute resolution in family law as relating to child custody issues. The use of OFDR services in both Australian and international contexts was investigated across a range of electronic sources since 2011.

  14. Online dispute resolution: an artificial intelligence perspective

    Litigation in court is still the main dispute resolution mode. However, given the amount and characteristics of the new disputes, mostly arising out of electronic contracting, courts are becoming slower and outdated. Online Dispute Resolution (ODR) recently emerged as a set of tools and techniques, supported by technology, aimed at facilitating conflict resolution. In this paper we present a ...

  15. PDF A Literature Review on Online Dispute Resolution and Application to B2b

    For this reason, the aim of this paper is to analyze findings on ODR in e-commerce to date in order to provide an overview of main research themes and methods, as well as implications for future ...

  16. (PDF) A Literature Review on Online Dispute Resolution and Application

    Therefore, we can see connection ODR with trust and economic impact. 247 A Literature Review on Online Dispute Resolution and Application to B2b E-Commerce ODR is one of the core elements of trust building process, so it would be good to know how businesses are willing to implement the ODR into their services (Delina et al 2007).

  17. Arbitration Law Review

    Part of the Dispute Resolution and Arbitration Commons Recommended Citation Patrick Brogan, Consumer Redress Through Online Dispute Resolution: The Role of Online Dispute Resolution in Facilitating Consumer Access to Justice in E-Commerce, 12 (2020). This Student Submission - Book and Literature Review is brought to you for free and open access ...

  18. Developing regulatory standards for the concept of security in online

    Online dispute resolution (ODR) has improved access to justice in the digital world. ... According to the literature review discussed in this research, although the European Commission has implemented a Regulation on consumer ODR (Negi, 2015), this legislation does not cover how to measure security in ODR systems. Moreover, in the US there is ...

  19. PDF Redefining Online Dispute Resolution; Why ODR is Not A Stand-Alone

    The Settlement of disputes through Online Dispute Resolution (ODR): A Literature Review argues that ODR differs from ADR in that different forms of ADR are integrated into a comprehensive process with several stages. Major reference is made to the article by Carrie Menkel-Meadow, the

  20. Online Dispute Resolution: Present Realities, Pressing Problems and

    This article provides an overview of recent developments in the use of technology in dispute resolution processes, especially when dispute resolution is provided online. It discusses the nature of new technologies, the advantages and disadvantages involved with the use of such technology and the policy and regulatory issues arising from such ...

  21. Online dispute resolution: Settling data protection disputes in a

    In this article online dispute resolution (ODR) and alternative dispute resolution (ADR) are assessed in relation to the protection of personal data. ODR and ADR schemes are mechanisms to settle low-cost e-commerce disputes out-of-court. ... Corporate Voluntary Arrangement: A Literature Review. 2021, Journal of Legal, Ethical and Regulatory Issues.

  22. Literature Review: Conflict Resolution in Post-Secondary Online Education

    April, 2014 Abstract. This article seeks to provide a review of research literature published between 2008 and 2014. that discusses conflicts arising within the online education process, and their resolution within. the online context. The goal of this article is to establish a current overview of related literature.

  23. PDF Alternative mechanisms for resolving disputes: a literature review

    literature review. Foreword 1 Acknowledgements 2 Executivesummary 3 Introduction 4 1Alternativedisputeresolution 6 1.1Definitionsandterminology 6 1.2TheHPC'slegislativeframework 7 1.3Mediation 10 1.4CritiquesofADR 12 1.5Conclusion 15 ... resolution. '1TheHPC ...

  24. Buildings

    Recent studies on dispute resolution methods, as illustrated in Table 7, apart from assessing and selecting the optimal dispute resolution method with regard to the causes of claims , also review novel ones such as online dispute resolution (ODR) methods, which fall under the category of ADR.

  25. Internal Dispute Resolution: The Transformation of Civil Rights in the

    Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint ...