For the past two years we have been monitoring in Greece several refugee related disputes such as disputes between refugees, intercultural disputes, disputes between refugees and the local community and disputes between refugees and the camp administration. We have also noticed that almost all refugees had smartphones as they were easy to carry with them and allow them to stay connected with those left behind or been relocated. Therefore in order to offer dispute resolution services we had to address two main issues: mobility & speed. We thought that technology could fit perfectly in this context. So, we decided, to develop a smartphone application for refugees that could create the environment for ODR. The App will not only resolve disputes online but try to prevent disputes or their escalation. Some of its innovative features will be personalized texts, language selection, disputes menu, automatic appointment of mediator, case filing, video, audio and text communication. It will have a friendly interface and be very easy to use even for those who have limited knowledge of technology and its download and use will be free for all refugees. The process will be conducted online by specially trained mediators and will be informal & flexible. |
Article |
ODR4Refugees through a Smartphone App |
Journal | International Journal of Online Dispute Resolution, Issue 1 2017 |
Keywords | refugees, ODR, mediation, smartphone, disputes |
Authors | Petros Zourdoumis |
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Article |
On China Online Dispute Resolution MechanismFollowing UNCITRAL TNODR and Alibaba Experience |
Journal | International Journal of Online Dispute Resolution, Issue 1 2017 |
Keywords | Online Dispute Resolution (ODR), China, UNCITRAL TNODR, Alibaba experience |
Authors | Zhang Juanjuan |
AbstractAuthor's information |
The booming of cross-border e-commerce has bred online dispute resolution (ODR) mechanisms, to adapt to the growth of cross-border high-volume and low-value e-commerce transactions. China is the largest B2C e-commerce market in the world. However, along with a prosperous e-commerce market, a great number of disputes have erupted. Under this circumstance, how to establish a reasonable, convenient and efficient online dispute settlement (ODS) method is significant. This paper will briefly look at various ODS channels. By comparing the existing Chinese mechanism and UNCITRAL documents, the paper intends to help provide the reader with greater understanding of the Chinese style, point out the obstacles and challenges in China with quantitative and qualitative analysis, and make some suggestions on the future direction of China ODR system. |
Article |
Equal Access to Information & Justice: A Report on the Online Dispute Resolution (ODR) Forum 2017The Huge Potential of ODR, Greatly Underexplored (Paris, France, 12 and 13 June 2017) |
Journal | International Journal of Online Dispute Resolution, Issue 1 2017 |
Keywords | ODR, equal access, justice online, information online, ICC |
Authors | Mirèze Philippe |
AbstractAuthor's information |
This article is a brief report on the two-day conference on ‘Equal Access to Information & Justice, Online Dispute Resolution’, organized by the ICC in Paris on 12-13 June. Over 160 lawyers, magistrates, academics, researchers, dispute resolution organizations and online dispute resolution providers, from over 30 countries and representing each continent debated about the use of technology for the resolution of all types of disputes. The 60 speakers explored the future of dispute resolution and the role of technology in all legal fields, from mediation in conflict zones, to commercial and civil disputes. The huge potentials greatly underexplored were discussed. It was noted that much remains to be done to educate users and convince state courts, dispute resolution organizations, merchants and other services’ providers to offer access to justice online. Efforts must be undertaken to allow users seek remedy in an affordable way. The solution for an equal access to justice is to make such access available online. The issues of ethics and standards were also discussed, as well as the increase concern of data protection and cybersecurity. The recording of the discussions on the panels are available on the ICC Digital Library (ICCDRL). |
Article |
The New World Order in Dispute ResolutionBrexit and the Trump Presidency |
Journal | International Journal of Online Dispute Resolution, Issue 1 2017 |
Keywords | dispute resolution, Brexit, Donald Trump, technology, trade |
Authors | Ijeoma Ononogbu |
AbstractAuthor's information |
The Brexit vote and Donald J Trump as the leader of the Free world in 2016 brought in a new world order. Two hugely important and unexpected events of 2016. Both have called into question the stability of established international commercial dispute resolution schemes in the United Kingdom and the United States in our tech savvy world. As the impact of both events unfolds, adaptations made to the existing dispute resolution schemes will be negotiated and the role that technology can play in the new approaches to international commercial dispute resolution will be determined. Consequently, there has been the changing face of Western politics after the Cold War, based on traditional group identity giving way to an uncertain landscape in which the political class struggle to define. The impact and disruption of technology in politics has given everyone a voice regardless of social class. Consequently, the EU under Mr Juncker and the UK Prime Minister seem to have mutual respect in their negotiations, given that the UK has made a number of notable concessions in order to move the trade discussions forward. |
Conference Paper |
Creating Standards for ODR |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Authors | Daniel Rainey |
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Conference Paper |
ODR and Third Party Injury Claims Processing |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Authors | Stewart McCulloch |
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Article |
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Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Keywords | Online Dispute Resolution, ODR, ADR, e-Commerce |
Authors | Hiroki Habuka and Colin Rule |
AbstractAuthor's information |
Information technology has dramatically changed the way consumers and businesses transact around the world. Many consumer goods (such as videos, music and software) are purchased online through the Internet instead of through physical stores. Businesses have similarly migrated many of their commercial transactions online, including proposals, due diligence, negotiation and signing. However, most dispute resolution processes have not yet made a similar move; they occur face-to-face, even when the dispute arose online. This has led to a new type of dispute resolution, called ODR (or Online Dispute Resolution). ODR is the use of technology to resolve disputes, and it is being promoted in many countries around the world as a model for civil justice in an online age. North America and the European Union (EU) have aggressively promoted ODR, and there are many ODR projects currently underway. As one of the leading online economies in the world, Japan is facing many of the same challenges as the rest of the world in providing fast and fair resolutions to online consumers. But to date, ODR has not gotten much traction in Japan. Recently, the Japanese Consumer Network published a report about ODR for cross-border e-commerce transactions and encouraged the government to establish a working group for implementation of ODR. However, discussion by multiple stakeholders towards practical implementation of ODR has not yet started in earnest. This article aims to focus the discussion about how to implement ODR in Japan, providing information about the latest developments in global ODR frameworks and envisioning the challenges ODR faces in the Japanese market. |
Article |
The Law of Consumer Redress in an Evolving Digital MarketUpgrading from Alternative to Online Dispute Resolution |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Keywords | e-Commerce, Online Dispute Resolution, Alternative Dispute Resolution, consumer redress |
Authors | Pablo Cortés |
AbstractAuthor's information |
This article contains the Introduction of a book with the same title recently published by Cambridge University Press, which is reproduced here with its permission. The book offers an updated analysis of the various consumer dispute resolution processes, its laws and best practices, which are collectively referred as the Law of Consumer Redress. The book argues that many consumer redress systems, and in particular publicly certified Alternative Dispute Resolution (ADR) entities, are more than a mere dispute resolution mechanism as they provide a public service for consumers that complements, and often replaces, the role of the courts. In examining the current redress models (i.e., public enforcement, private enforcement and other market options), the book calls for greater integration amongst these various redress options. It also advocates, inter alia, for processes that encourage parties to participate in ADR processes, settle meritorious claims and ensure extrajudicial enforcement of final outcomes. Lastly, the book calls for a more efficient rationalization of certified ADR entities, which should be better coordinated and accessible through technological means. |
Conference Paper |
Conference Opening Remarks |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Keywords | Online Dispute Resolution, online court, access to justice, technology and the law |
Authors | Lord Justice Briggs |
AbstractAuthor's information |
Lord Justice Briggs has been intimately involved in the development of technology for improving access to justice in the UK. He was the author of a report that energized the move toward online dispute resolution in the courts. These remarks are a retrospective look at his work, now that he is a member of the UK Supreme Court, and no longer involved day-to-day in ODR development. |
Conference Paper |
Scrutinizing Access to Justice in Consumer ODR in Cross-Border DisputesThe Achilles’ Heel of the EU ODR Platform |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Authors | Fernando Esteban de la Rosa |
Author's information |