The COIVD-19 pandemic has drawn an increasing level of attention to the role of online dispute resolution (ODR) in dispute resolution systems. As ODR becomes increasingly prevalent, unique characteristics of conducting text-based mediations via ODR platforms begin to surface, warranting discussion on modifying mediator practises to adapt to ODR platforms. This article shines a light on the advantages and disadvantages of text-based mediations through interviews with court administrators and mediators with text-based mediation experience. Accordingly, this article proposes recommendations on training mediators to use ODR platforms and modifying their practises to achieve the best outcomes in text-based mediations. Focusing on the qualitative data and information gathered from these conducted interviews, this article seeks to offer practical advice about preparing mediators to participate in text-based mediations. |
Search result: 118 articles
Article |
Preparing Mediators for Text-Based Mediations on ODR Platforms |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | online dispute resolution (ODR), mediation, dispute resolution, alternative dispute resolution (ADR), mediation training, text-based systems |
Authors | Joseph van ’t Hooft, Wan Zhang and Sarah Mader |
AbstractAuthor's information |
Article |
The Use of Technology (and Other Measures) to Increase Court CapacityA View from Australia |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | court capacity, COVID-19, Australia, online dispute resolution, open justice, procedural fairness, access to justice, online courts, justice technology, judicial function |
Authors | Felicity Bell, Michael Legg, Joe McIntyre e.a. |
AbstractAuthor's information |
The COVID-19 pandemic has forced courts around the world to embrace technology and other innovative measures in order to continue functioning. This article explores how Australian courts have approached this challenge. We show how adaptations in response to the pandemic have sometimes been in tension with principles of open justice, procedural fairness and access to justice, and consider how courts have attempted to resolve that tension. |
Article |
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Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | online dispute resolution (ODR), e-commerce, international dispute resolution, international law, United States, China, European Union, Australia, alternative dispute resolution (ADR), online platforms |
Authors | Teresa Ballesteros |
AbstractAuthor's information |
This article will examine Online Dispute Resolution (ODR) from several perspectives to provide a comprehensive understanding of the global efforts to incorporate ODR in the e-commerce scope. Upon examining the nature and growth of both e-commercial activities and ODR, there will be an analysis from an international standpoint, where the article will discuss the relevant bodies and the progression of uniform standards in this regard. This is followed by an analysis of several jurisdictions, namely the United States, China, European Union and Australia. Finally, the essay will provide suggestions andrecommendations for the implementation of ODR. |
Article |
AI in the Legal ProfessionTeaching Robot Mediators Human Empathy |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | ADR, AI, ML, mediation, digital technology, value alignment |
Authors | Linda Mochon Senado |
AbstractAuthor's information |
What benefits do AI technologies introduce to the law and how can lawyers integrate AI tools into their everyday practice and dispute resolution? Can we teach robot mediators to understand human empathy and values to conduct a successful mediation? While the future of AI in the legal profession remains somewhat unknown, it is evident that it introduces valuable tools that enhance legal practice and support lawyers to better serve their clients. This paper discusses the practical ways in which AI is used in the legal profession, while exploring some of the major concerns and hesitation over value alignment, morality and legal formalism. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Global solidarity, Pandemics, Global Existential Threats, Collective Intelligence, CrowdLaw |
Authors | José Luis Martí |
AbstractAuthor's information |
Some of the existential threats we currently face are global in the sense that they affect us all, and thus matter of global concern and trigger duties of moral global solidarity. But some of these global threats, such as the COVID-19 pandemic, are global in a second, additional, sense: discharging them requires joint, coordinated global action. For that reason, these twofold global threats trigger political – not merely moral – duties of global solidarity. This article explores the contrast between these two types of global threats with the purpose of clarifying the distinction between moral and political duties of global solidarity. And, in the absence of a fully developed global democratic institutional system, the article also explores some promising ways to fulfill our global political duties, especially those based on mechanisms of collective intelligence such as CrowdLaw, which might provide effective solutions to these global threats while enhancing the democratic legitimacy of public decision-making. |
Editorial |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Authors | Wouter Veraart, Lukas van den Berge and Antony Duff |
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Editorial |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Mart Susi |
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Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Matthias C. Kettemann and Martin Fertmann |
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This study explores the spread of disinformation relating to the Covid-19 pandemic on the internet, dubbed by some as the pandemic’s accompanying “infodemic”, and the societal reactions to this development across different countries and platforms. The study’s focus is on the role of states and platforms in combatting online disinformation. |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Martin Fertmann and Matthias C. Kettemann |
AbstractAuthor's information |
Terms-of-service based actions against political and state actors as both key subjects and objects of political opinion formation have become a focal point of the ongoing debates over who should set and enforce the rules for speech on online platforms. |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Keywords | artificial intelligence, chatbots, CRM, data protection, privacy |
Authors | Konstantinos Kouroupis, Dimitrios Vagianos and Aikaterini Totka |
AbstractAuthor's information |
In the new digital era as it is formed by the European digital strategy, the explosion of e-commerce and related technologies has led to the formation of tremendous volumes of customer data that could be exploited in a variety of ways. Customer relationship management (CRM) systems can now exploit these data sets to map consumers’ behaviour more effectively. As social media and artificial intelligence widened their penetration, firms’ interest shifted to chatbots in order to serve their customers’ needs. Nowadays, CRM and bots are developed in a parallel way. With the help of these virtual personal assistants, CRM establishes a virtual relationship with consumers. However, the extended collection and use of personal data under this scope may give rise to ethical and legal issues. In this article, the term CRM is defined, followed by an analysis of the way chatbots support CRM systems. In the second part, the legal context of chatbot use will be highlighted in an attempt to investigate whether there are personal data protection issues and whether certain rights or ethical rules are somehow violated. The draft AI Regulation, in combination with the provisions of GDPR and e-Privacy Directive, offers a significant background for our study. The article concludes by demonstrating the use of chatbots as an inherent part of the new digital era and lays special emphasis on the term ‘transparency’, which seems to penetrate the lawfulness of their use and guarantee our privacy. |
Developments in European Law |
Applicability of the GDPR on Personal Household Robots |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | artificial intelligence, robots, personal data, GDPR, scenarios |
Authors | Gizem Gültekin Várkonyi |
AbstractAuthor's information |
Recent developments in artificial intelligence (AI) and robotics point to a close future collaboration between humans and machines. Even though the use of personal robots is not yet a phenomenon, findings in technical and legal literature highlight several possible risks inherent in the processing of personal data by such robots. This article contributes to the current discussions on the applicability of the GDPR to AI technologies from three aspects: (i) first, it encourages the use of a scenario method to predict possible future legal problems related to new technologies; (ii) second, it analyzes considerations with the support of the relevant case-law and present comparative expert opinions for overcoming the weak points of the GDPR relevant to AI; (iii) and finally, proposals made in the recommendations part aim to contribute to a better application of the GDPR to AI technologies in personal use. |
Article |
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Journal | Erasmus Law Review, Issue 1 2021 |
Keywords | text mining, machine learning, law, natural language processing |
Authors | Arthur Dyevre |
AbstractAuthor's information |
Many questions facing legal scholars and practitioners can be answered only by analysing and interrogating large collections of legal documents: statutes, treaties, judicial decisions and law review articles. I survey a range of novel techniques in machine learning and natural language processing – including topic modelling, word embeddings and transfer learning – that can be applied to the large-scale investigation of legal texts |
Article |
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Journal | Erasmus Law Review, Issue 1 2021 |
Keywords | legal education, law and technology, legal analytics, technology education, technological literacy |
Authors | Mikołaj Barczentewicz |
AbstractAuthor's information |
The article offers a reflection on how applications of computer technology (including data analytics) are and may be taught to (future) lawyers and what are the benefits and limitations of the different approaches. There is a growing sense among legal professionals and law teachers that the technological changes in the practice of law are likely to promote the kind of knowledge and skills that law graduates often do not possess today. Teaching computer technology can be done in various ways and at various depths, and those different ways and levels have different cost and benefit considerations. The article discusses four models of teaching technology: (1) teaching basic technological literacy, (2) more advanced but general technology teaching, (3) teaching computer programming and quantitative methods and (4) teaching a particular aspect of technology – other than programming (e.g. cybersecurity). I suggest that there are strong reasons for all current and future lawyers to acquire proficiency in effective uses of office and legal research software and standard means of online communication and basic cybersecurity. This can be combined with teaching of numerical and informational literacy. I also claim that advanced technology topics, like computer programming, should be taught only to the extent that this is justified by the direct need for such skills and knowledge in students’ future careers, which I predict to be true for only a minority of current lawyers and law students. |
Article |
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Journal | Erasmus Law Review, Issue 1 2021 |
Keywords | big data, big data analysis, data life cycle, ethics, AI |
Authors | Simon Vydra, Andrei Poama, Sarah Giest e.a. |
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The adoption of big data analysis in the legal domain is a recent but growing trend that highlights ethical concerns not just with big data analysis, as such, but also with its deployment in the legal domain. This article systematically analyses five big data use cases from the legal domain utilising a pluralistic and pragmatic mode of ethical reasoning. In each case we analyse what happens with data from its creation to its eventual archival or deletion, for which we utilise the concept of ‘data life cycle’. Despite the exploratory nature of this article and some limitations of our approach, the systematic summary we deliver depicts the five cases in detail, reinforces the idea that ethically significant issues exist across the entire big data life cycle, and facilitates understanding of how various ethical considerations interact with one another throughout the big data life cycle. Furthermore, owing to its pragmatic and pluralist nature, the approach is potentially useful for practitioners aiming to interrogate big data use cases. |
Editorial |
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Journal | Erasmus Law Review, Issue 1 2021 |
Keywords | computational legal analysis, empirical legal studies, natural language processing, machine learning |
Authors | Elena Kantorowicz-Reznichenko |
AbstractAuthor's information |
Computational analysis can be seen as the most recent innovation in the field of Empirical Legal Studies (ELS). It concerns the use of computer science and big data tools to collect, analyse and understand the large and unstructured data, such as for instance (legal) text. Given that the text is now the object of analysis, but the methods are (largely) quantitative, it lies in the intersection between doctrinal analysis and ELS. It brings with it not only a great potential to scale up research and answer old research questions, but also to reveal uncovered patterns and address new questions. Despite a slowly growing number of legal scholars who are already applying such methods, it is underutilised in the field of law. Furthermore, given that this method comes from social and computer sciences, many legal scholars are not even aware of its existence and potential. Therefore, the purpose of this special issue is not only to introduce these methods to lawyers and discuss possibilities of their application, but also to pay special attention to the challenges, with a specific emphasis on the ethical issues arising from using ‘big data’ and the challenge of building capacity to use such methods in law schools. This editorial briefly explains some of the methods which belong to the new movement of Computational Legal Analysis and provides examples of their application. It then introduces those articles included in this special issue. Finally, it provides a personal note on the way forward for lawyers within the movement of Computational Legal Analysis |
Article |
The Reform of Contract Rules in China’s New Civil CodeSuccesses or Pitfalls |
Journal | European Journal of Law Reform, Issue 2 2021 |
Keywords | Civil Code of the People’s Republic of China, Contracts of the Civil Code, Chinese legal system, legislative history |
Authors | Peng Guo and Linxuan Li |
AbstractAuthor's information |
The Civil Code of the People’s Republic of China (Civil Code) came into force on 1 January 2021. Book III on Contracts of the Civil Code has adopted significant changes compared to the old Chinese Contract Law (Contract Law). This article provides a comprehensive and systemic analysis of those changes from structure to content, from legislative technics to values underpinning the Civil Code. It evaluates all the factors in the context of the development of Chinese society, Chinese culture and Chinese legal system. |
Article |
Comments and Content from Virtual International Online Dispute Resolution Forum1-2 March 2021, Hosted by the National Center for Technology and Dispute Resolution (NCTDR) |
Journal | International Journal of Online Dispute Resolution, Issue 1 2021 |
Authors | David Allen Larson, Noam Ebner, Jan Martinez e.a. |
Abstract |
For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations: |