ABSTRACT
Online Dispute Resolution (ODR) is revolting the fight against the barriers of traditional judiciary where people have stopped expecting any kind of disposal of cases and justice. ODR, sometimes referred to as Online ADR, uses the modes and techniques of ADR i.e. arbitration, mediation etc. online to resolve the disputes. With the expanding number of mobile and internet users, it is likely that ODR will be preferred for dispute resolution especially the e-commerce sector. Therefore, the paper focuses on two things. Firstly, to clarify the term ODR and secondly, to identify the advantages for consumers.
Key words: technology, online, dispute resolution, alternative, consumer, benefits, ICT.
Introduction
Mediation is the quickest developing conflict resolution technique. It speaks to another option to the ‘win-lose’ adjudicative procedures. Mediation likewise offers a specific
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The parties may use the Internet and web-based technology in a variety of ways. Online Dispute Resolution can be done entirely on the Internet, or “online,: through email, videoconferencing, or both. The parties can also meet in person, or “offline.” Sometimes, combination of “online” and ‘offline” methods are used in Online Dispute Resolution.
In Article 2(6) of UNCITRAL working Group III (Online Dispute Resolution) Note by the Secretariat, ODR is defined as “Online Dispute Resolution is a mechanism for resolving disputes through an IT based platform and facilitated through the use of electronic communications and other information and communications technology.”
The definition appears to be more suitable as it joins all strategies used to determine conflict that are directed on the web through a custom-made online stage. Besides, this methodology is more reliable with the way that ODR expression was made from the calculated qualification with logged off conflict resolution
Alternative Dispute Resolutions (ADR) is any method of resolving disputes other than by litigation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also
Alternative dispute resolution is a highly effective instrument in resolving conflict and attaining justice for individuals in relation to resource efficiency and timeliness through utilising mediation, conciliation and arbitration. Mediation is an exceptionally efficacious informal process of dispute resolution, usually confidential and conducted with the assistance of an
Alternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. [Most importantly, the use of ADR can provide greater satisfaction with the way disputes are resolved. ADR has been gradually evolving within the Fresno Superior Court for the past several years. In 1999 the Court recognized a need for greater public access to dispute resolution for cases and established an ADR Department. This
Alternative dispute resolution (ADR) is the term used to describe the resolution of disputes inside or outside the legal system, without formal adjudication. It includes arbitration, mediation, conciliation and negotiation. There are problems associated with going to court. These include the adversarial process used to find a winner and loser, which often creates stress for, and increases the division between litigants. The advantages associated with the use of ADR have prompted a debate whether Parliament should make it compulsory for all litigants to first use ADR before they go to court to seek solutions to their differences.
After carefully considering the situation in both plaintiff (Eunice) and defendant (RFYL), arbitration should be an effective Alternative Dispute Resolution in
Normally, it is very preferable as it is a very low cost and time save scheme for peoples and business to resolve dispute. Furthermore, from the discussion later on, we will be able to find out that it is less stressful and less formal than the court proceeding. The procedure encourage the cooperation between parties in managing the cases unlike adversarial litigation.
Alternative dispute resolution is a large, diverse, and highly innovative field. However, in Australia it remains largely under utilised and often idiosyncratic. Alternative dispute resolution is commonly understood as any method of resolving disputes outside of traditional adjudication. Some well known methods of alternative dispute resolution include mediation, arbitration, and negotiation. Online dispute resolution is a newer, less well known method of alternate dispute resolution. Over the last decade in Australia, online dispute resolution has grown in popularity.
As litigation continues to be a time-wasting, costly, distracted, and unsatisfactory practice for dispute resolution, alternative dispute resolution increases in popularity, specifically, mediation and arbitration. Arbitration is a cost efficient substitute to litigation that is the yielding of a dispute to an impartial party in order to receive a final incumbent decision in the form of an award. Arbitration is sensitive, classified, and modeled to be a swift, and inexpensive solution to dispute. Participating parties may include additional terms in the agreement identifying arrangements to their agreements’ arbitration clauses to meet the requirements of their discrete dispute. In summation, arbitration is process that is private, speedy, cost efficient, and customized to the liking of the parties involved.
Mediation is a form of optional dispute resolution process. It can be applied in noncriminal cases such as conflict resolution agreements, business, employment and so forth. To make mediation process successful, all disputing parties must work cooperatively for resolution. The neutral mediator is needed for this work who can negotiate the fair resolution of their dispute. Based on this fact, this section wants to show some regulations that would be key factors to keeping mediator mediation process on the way toward a fair and agreeable resettlement.
Beyond negotiation and mediation, there are a number of approaches that decrease the personal control the people involved have over the dispute outcome, increase the involvement of external decision makers, and rely increasingly on win-lose and either-or decision-making techniques. These approaches can be divided into public and private, and legal and extralegal.
Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.
Alternate Dispute Resolution has many benefits serving as a legal substitute for resolving civil disputes. Most courts prefer the proceedings of an ADR as oppose to Litigation. In some counties, the option of ADR must be analyzed before attempting to initiate the proceedings of litigation. Most district courts along with appeal courts will oversee the courts, and will resolve the remaining disputes. Alternate Dispute Resolution is a large part of our legal system, which many citizens rely on to settle civil disputes. ADR has been a part of US legal history since the times of the colonies. Alternate Dispute Resolution, better known as (ADR) in the legal field, was first used in the late 1800’s. ADR was initially used, not to replace or
Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants;
Alternative Dispute Resolution (ADR, sometimes also called “Appropriate Dispute Resolution”) is a general term, used to define a set of approaches and techniques aimed at resolving disputes in a non-confrontational way. It covers a broad spectrum of approaches, from party-to-party engagement in negotiations as the most direct way to reach a mutually accepted resolution, to arbitration and adjudication at the other end, where an external party imposes a solution. Somewhere along the axis of ADR approaches between these two extremes lies “mediation,” a process by which a third party aids the disputants to reach a mutually agreed solution. This article introduces the key concepts, principles and skills of ADR
ADR is useful in resolving virtually all genres of disputes by providing speedier, enforceable decisions through Arbitration, Mediation, Early Neutral Evaluation and other hybrid mechanisms. The presence of cost-effective and predictable ADR mechanisms capable of resolving complex disputes help to bolster the confidence of litigants within the country and therefore stimulates trade and investment both internationally and locally.