This article discusses how technology and extrajudicial processes can provide a solution to the access-to-justice problem for self-represented litigants. The article first observes the need for efficient dispute resolution processes based on a wider concept of access to justice and argues for greater integration amongst courts and extrajudicial bodies, especially in the consumer sphere where dispute resolution bodies are currently undergoing an institutionalization process as a result of recent EU legislation. Accordingly, it is argued that access to justice for consumers will only be achieved if they have access to either an accountable and effective extrajudicial scheme that offers adjudication or a truly user-friendly and accessible online court that incorporates alternative dispute resolution techniques as the United Kingdom has endeavoured to deliver. To that end, this article examines the policy options for the English Online Court with a particular focus on the challenges faced by litigants in person. Finally, this article submits that dispute system design changes need to be informed by empirical research and a holistic policy strategy on dispute resolution. |
Search result: 6 articles
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Part II Private Justice |
Using Technology and ADR Methods to Enhance Access to Justice |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | ODR, ADR, mediation, online court, e-court, consumer ADR, CADR, CDR, ombudsman |
Authors | Pablo Cortes |
AbstractAuthor's information |
Part II Private Justice |
Reputational Feedback Systems and Consumer RightsImproving the European Online Redress System |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | reputational feedback systems, consumer’s protection, dispute resolution, ADR, ODR, enforceability, ecommerce, European redress system small claims |
Authors | Aura Esther Vilalta Nicuesa |
AbstractAuthor's information |
The European Union single market needs to tackle an outstanding issue to boost competitiveness and growth: a trust-based redress framework that ensures the effectiveness of consumers’ rights. The current disparities among dispute resolution mechanisms, added to the fact that in practice many do not guarantee participation and enforceability, are serious obstacles to this goal. Trust and the integration of certain dispute avoidance tools added to the regulation of some common enforcement mechanisms are key issues in the field of consumer protection. The goal of this article is to offer some insights within the context of the European Union legislative proposals aimed at improving the current redress system. |
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. |
Article |
European Businesses and the New European Legal Requirements for ODR |
Journal | International Journal of Online Dispute Resolution, Issue 2 2016 |
Keywords | online dispute resolution (ODR), alternative dispute resolution (ADR), consumer disputes, EU legislation, e-commerce |
Authors | Graham Ross |
AbstractAuthor's information |
In terms of practical use outside of e-commerce platforms such as eBay, ODR has not advanced as speedily as many thought might be the case. Two pieces of legislation by the European Parliament applying to consumer disputes, being the European Directive on Alternative Dispute Resolution For Consumer Dispute and the associated Regulation on Online Dispute Resolution have opened up the opportunity for that to change. For the first time, there now is a law that effectively requires businesses to promote ODR. However, with widespread breach, evidence of which is referred to in this paper, this law has not as yet been implemented or honoured as it should be and is in danger that its impact could thereby become counter-productive to its essential objective, albeit not its whole scope, in increasing public confidence in cross-border buying of products and services online. One problem is that the EU decided in their wisdom to stop short of making participation in online ADR mandatory. So we have the odd situation in which it is an offence for businesses to not inform a dissatisfied customer of the web address of an online ADR provider who has been approved under the legislation by the Chartered Trading Standards Institute, yet when that customer seeks to use that service the business can refuse to participate. If refusal to participate is extensive, the situation could lead to a loss of trust generally in a law designed to improve consumer rights and access to justice. This is especially so if traders carry on their website the mandatory link to an EU portal that will refer dissatisfied consumers to an approved provider of online ADR, and which may have been a deciding factor for that consumer in selecting the particular trader to buy from, yet, when a complaint arises, refuse to participate in the provider selected by the consumer. |
Article |
Creating New Pathways to Justice Using Simple Artificial Intelligence and Online Dispute Resolution |
Journal | International Journal of Online Dispute Resolution, Issue 1 2015 |
Keywords | expert system, online dispute resolution, artificial intelligence, access to justice, legal information technology |
Authors | Darin Thompson |
AbstractAuthor's information |
Access to justice in can be improved significantly through implementation of simple artificial intelligence (AI) based expert systems deployed within a broader online dispute resolution (ODR) framework. |
Article |
Disintegration of the State Monopoly on Dispute ResolutionHow Should We Perceive State Sovereignty in the ODR Era? |
Journal | International Journal of Online Dispute Resolution, Issue 2 2014 |
Keywords | online dispute resolution, sovereignty, justification |
Authors | Riikka Koulu LLM |
AbstractAuthor's information |
The interests of state sovereignty are preserved in conflict management through adoption of a state monopoly for dispute resolution as the descriptive and constitutive concept of the resolution system. State monopoly refers to the state’s exclusive right to decide on the resolution of legal conflicts on its own soil, in other words, in the state’s territorial jurisdiction. This also forms the basis of international procedural law. This conceptual fiction is derived from the social contract theories of Hobbes and Locke, and it preserves the state’s agenda. However, such a monopoly is disintegrating in the Internet era because it fails to provide an effective resolution method for Internet disputes in cross-border cases, and, consequently, online dispute resolution has gained ground in the dispute resolution market. It raises the question of whether we should discard the state monopoly as the focal concept of dispute resolution and whether we should open a wider discussion on possible justificatory constructions of dispute resolution, i.e. sovereignty, contract and quality standards, as a whole, re-evaluating the underlying structure of procedural law. |