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ICT AND ALTERNATIVE DISPUTE RESOLUTION
Knowledge Society and the Law
Alberto Fortún©
Consiglio Nazionale delle Ricerche
Rome, 26 April 2004
ICT and Alternative Dispute Resolution
QUICK OVERVIEW
The evolution of Online Dispute Resolution
(ODRs)
ODR providers and models
ICT requirements
Regional experiences
Challenges
ICT and Alternative Dispute Resolution
ICT + ADR = ODR
Global economy and internet increase B2C
disputes in a computer environment
Courts are unable to render appropriate remedies
ODR models attempt to replicate ADR techniques
which are more flexible
On line arbitration encounters legal problems
ICT and Alternative Dispute Resolution
ALTERNATIVE DISPUTE RESOLUTION IN THE E.U.
Recommendation of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes
Directive 2000/31/CE of June 8 on electronic commerce
ICT and Alternative Dispute Resolution
ALTERNATIVE DISPUTE RESOLUTION IN THE E.U.
Recommendation of 4 April 2001 on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes (Consumers Protection)
Green paper on alternative dispute resolution in civil and commercial law. COM/2002/0196 final 19.04.2001 (Judicial network in civil matters)
ICT and Alternative Dispute Resolution
ODR SERVICES (I)
Arbitration (additionally, negotiation
and mediation)
Award Settlement
Negotiation Mediation
Fast track
Plenary process
Interaction of services
ICT and Alternative Dispute Resolution
ODR PROVIDERS’ PRODUCTS
Automated Negotiation
Facilitated Negotiation
Negotiation support
Complaint handling
Mediation
Case appraisal
Arbitration
ICT and Alternative Dispute Resolution
ICT REQUIREMENTS FOR ODR PROVIDERS
Accessibility: visible, party control, traceable,
availability and timeliness, useable and
affordable
Reliability: authentication, security,
confidentiality
ICT and Alternative Dispute Resolution
ICT VIRTUES
The value of the “Fourth Party” metaphor. ICT guide the user´s conduct throughout the process with model forms and checklists.
ICT provides the user with one shop stop for communication, notices, evidence and settlement of the dispute
ICT save time and money
ICT and Alternative Dispute Resolution
ICT PITFALLS
Legal issues, particularly in online
arbitration
No settled standards or centers guarantee a
secure process
First time use requires time and resources
Murphy's law: ICT technologies fail more
than expected.
ICT and Alternative Dispute Resolution
EUROPE:
• European Commission (e-Confidence forum)
• The Chartered Institute of Arbitrators
• SITAR (Consumers National Institute of
Spain)
SOUTH AMERICA:
• National network of meditation centers and
commercial arbitration.
REGIONAL EXPERIENCES
ICT and Alternative Dispute Resolution
EE.UU:
• Cyber Court (Michigan)
• Cybersettle registered with the US
Patent Office the first Online ADR
method
ASIA • 2004 ADR Act in Philippines
• I-CASS Cyber Arbitration Service System
REGIONAL EXPERIENCES
ICT and Alternative Dispute Resolution
CHALLENGES
To achieve widespread standards for
ODR technologies
To ensure access to appropriate redress
and justice
To gain the user’s trust in a reliable ICT
environment
ICT and Alternative Dispute Resolution
There is an irrefutable international trend
in favor of incorporating new technologies
to ADR mechanisms.
Their success will mainly depend on the
market demands, the user’s confidence
and the enforceability of the decisions
that settle the dispute.
FINAL CONSIDERATIONS