Digital technology is transforming the landscape of dispute resolution: it is generating an ever growing number of disputes and at the same time is challenging the effectiveness and reach of traditional dispute resolution avenues. While technology has been a disruptive force in the field, it also holds a promise for an improved dispute resolution landscape, one that is based on fewer physical, conceptual, psychological and professional boundaries, while enjoying a higher degree of transparency, participation and change. This promise remains to be realized as the underlying assumptions and logic of the field of dispute resolution have remained as they were since the last quarter of the 20th century, failing to reflect the future direction dispute resolution mechanisms can be expected to follow, as can be learned from the growth of online dispute resolution. This article explores the logic of boundaries that has shaped the traditional dispute resolution landscape, as well as the challenges such logic is facing with the spread of online dispute resolution. |
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Journal | International Journal of Online Dispute Resolution, Issue 1 2014 |
Keywords | ADR, ODR, DSD, digital technology, boundaries, dispute prevention |
Authors | Orna Rabinovich-Einy and Ethan Katsh |
AbstractAuthor's information |
Article |
Responsive Law Reform: A Case Study in Privacy and the Media |
Journal | European Journal of Law Reform, Issue 1 2013 |
Keywords | law reform, regulatory theory, privacy, free speech, media |
Authors | Megan Richardson |
AbstractAuthor's information |
This article develops a regulatory theory of law reform for common law jurisdictions drawing on a model of responsive regulation and applies it to a case study in Privacy and the Media with particular reference to law reform initiatives in Australia, New Zealand and the UK. |
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