International Journal of Online Dispute Resolution

Article

ADR-Rooted ODR Design in Europe

A Bet for the Future

Keywords ODR, dispute system design, European law, redesign of ADR systems, artificial intelligence
Authors Fernando Esteban de la Rosa
Author's information

341067 Fernando Esteban de la Rosa
Fernando Esteban de la Rosa is Chair in Private International Law, University of Granada, Spain; NCTDR fellow.
  • Abstract

      The new European regulatory framework has a greater significance than it expressly declares, both for the development of online dispute resolution (ODR) in Europe and for the structure of alternative dispute resolution (ADR) entities of the Member States. A close reading of the ADR Directive reveals an implicit but clear mandate for the development and intensive use of ODR tools by certified ADR entities that could lead to the creation of new ODR platforms. The new ADR/ODR regulatory framework shows a clear tendency to produce important transformations in the traditional ADR structure in every Member State. This article aims to identify criteria for the development of ODR in Europe and to discover the European law’s implicit mandates related to the redesign of the ADR structure in the Member States, while assessing the role of the Member States, the ADR entities and the European Union itself.

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