Online dispute resolution: Chancen für den E-Commerce in Europa
In: Europäisches Wirtschaftsrecht Band 14
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In: Europäisches Wirtschaftsrecht Band 14
In: Zeitschrift für Konfliktmanagement: Konfliktmanagement, Mediation, Verhandeln ; ZKM, Band 16, Heft 1
ISSN: 2194-4210
E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model. Introduction 1. Consumer Protection and Access to Justice in the E-Commerce Era: A European Perspective 2. Online Dispute Resolution as a Consumer Redress Strategy 3. Consumer Adjudicative Processes Supported by ICT: Court Processes and Arbitration 4. Online Mediation for Consumers: The Way Forward 5. The Need for a Legal Framework to Develop Consumer ODR in the EU. ; Publisher Version
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In: Online Dispute Resolution: Theory and Practice (Mohamed Abdel Wahab, Daniel Rainey & Ethan Katsh, eds.) Eleven International Publishing, (2021, Forthcoming)
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E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model.Introduction 1. Consumer Protection and Access to Justice in the E-Commerce Era: A European Perspective 2. Online Dispute Resolution as a Consumer Redress Strategy 3. Consumer Adjudicative Processes Supported by ICT: Court Processes and Arbitration 4. Online Mediation for Consumers: The Way Forward 5. The Need for a Legal Framework to Develop Consumer ODR in the EU.
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In: (Routledge, 2010)
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In: 1 International Journal of Online Dispute Resolution 5 (2014)
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Working paper
In: University of Miami Inter-American Law Review, Band 44, Heft 2
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E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model.
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Information technology has revolutionized the way consumers and businesses interact around the world. Many consumer goods (such as books, computer software, videos and music) are purchased online over the Internet rather than being sold in physical environments. Similarly, companies have moved much of their commercial activities to the Internet, including proposals, negotiations and signing. However, most dispute resolution processes have not yet taken similar steps; they occur face-to-face even where the disputes occur online. This has resulted in the emergence of a new type of dispute resolution mechanism called Online Dispute Resolution (or ODR). 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 a digital age. North America, South Africa, Australia and the European Union (EU) are actively promoting ODR, and many ODR projects are underway. As the economic power in central Africa, Cameroon faces many challenges, like any other country, in providing fast and fair solutions to online consumers. Despite this, ODR is not very popular in Cameroon today. This article focuses on the discussion of how to implement ODR in Cameroon. It provides information on the latest developments in the global ODR structure, existing means of dispute resolution in Cameroon, and aims to propose practical considerations in developing ODR for Cameroonian e-commerce.
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In: Mediation Moves, Wolfgang Metzner Verlag GmbH, 2021 (Forthcoming)
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In: Family court review: publ. in assoc. with: Association of Family and Conciliation Courts, Band 59, Heft 2, S. 268-277
ISSN: 1744-1617
The COVID‐19 pandemic has forced the legal system (both domestic and worldwide) to adapt in unprecedented ways. Often, this has meant taking initial forays into the world of online dispute resolution, or ODR. In this manner, courts, mediators, arbitrators, and other legal professionals have been able to provide expanded access from a safe distance. Indeed, if ODR services continue to develop, they show the potential to make legal services more convenient and less costly from this point forward. ODR has demonstrated particular applicability in facilitating divorce negotiations, but it has not been time‐tested, and we must make sure that this apparent democratization does not bring with it degradation in the quality of service. There is now an urgent need for analysis and evaluation of the full breadth of ODR technologies, so that they may be put to use appropriately without delay, and this task falls to legal scholarship. This article explores the past and present of the ODR landscape, performs a cost–benefit analysis of some of ODR's more controversial aspects, and finally proposes a viable way forward, such that every stakeholder is treated with the respect and dignity that they deserve.
This Article first examines the use of ODR [online dispute resolution] as a tool for private sector dispute resolution. It explores some of the reasons for a slower rate of uptake in business-to-consumer e-commerce disputes. The Article then suggests that a new and innovative use for ODR may be for public sector dispute resolution—between governments and citizens. The use of technology for public dispute resolution may promote access to justice in the administrative context.
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In: Routledge research in IT and E-commerce law
In: Annual Review of Law and Social Science, Band 16, S. 277-292
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