Online Dispute Resolution for Consumers in the European Union

Author: Pablo Cortés
Publisher: Routledge
ISBN: 1136943501
Format: PDF, Docs
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A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. 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.

Online Dispute Resolution bei grenz berschreitenden Verbrauchervertr gen

Author: Simon Johannes Heetkamp
Publisher: Vandenhoeck & Ruprecht
ISBN: 3847007777
Format: PDF, Docs
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Die außergerichtliche Streitbeilegung unter Nutzung moderner Informations- und Telekommunikationstechniken wird unter dem Schlagwort der Online Dispute Resolution (ODR) seit Mitte der 1990er Jahre diskutiert. In den vergangenen Jahren haben sowohl die Europäische Union als auch die UN-Kommission für internationales Handelsrecht (United Nations Commission on International Trade Law, UNCITRAL) Regelungsinitiativen zu Online-Streitbeilegungsverfahren angestoßen. In der vorliegenden Arbeit werden wesentliche Strukturelemente und Verfahrensgrundsätze des europäischen Modells (bestehend aus der europäischen ADR-Richtlinie 2013/11/ EU und der ODR-Verordnung Nr. 524/2013) mit den UNCITRAL-Entwürfen zu Verfahrensvorschriften verglichen. Ein Schlaglicht wird des Weiteren auf die zur Streitbeilegung zulässigen Sacherwägungen geworfen. The use of modern information and telecommunication technology in extrajudicial dispute resolution has been discussed under the slogan of the Online Dispute Resolution (ODR) since the mid-1990s. In recent years, both the European Union and the United Nations Commission on International Trade Law (UNCITRAL) have launched regulatory initiatives for online dispute resolution. The present work compares the key structural elements and procedural principles of the European model (consisting of the European ADR Directive 2013/11/ EU and ODR Regulation No. 524/2013) with the UNCITRAL draft procedural rules. Considerations that are permitted within dispute resolution are also placed under the spotlight.

Online Dispute Resolution

Author: Gabrielle Kaufmann-Kohler
Publisher: Kluwer Law International B.V.
ISBN: 9041123180
Format: PDF
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In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.

Online Dispute Resolution For Business

Author: Colin Rule
Publisher: John Wiley & Sons
ISBN: 9780787967765
Format: PDF, Mobi
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In this original and highly useful resource, Colin Rule—a pioneer in the field of online dispute resolution (ODR)—shows how ODR can be used to resolve conflicts which inevitably arise both online and offline in business and commerce. Based on exclusive research and up-to-date best practices, Online Dispute Resolution for Business presents expert advice on how ODR can save time and money, offering timely suggestions and proven approaches for resolving business related conflicts online.

Alternative Dispute Resolution in Business

Author: Lucille M. Ponte
Publisher: Dame Publications
ISBN: 9780324000719
Format: PDF, ePub
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ALTERNATIVE DISPUTE RESOLUTION IN BUSINESS provides an overview of innovative ADR methods that have been implemented to deal with domestic and international business disputes. This text takes a managerial approach that provides information on various aspects of ADR - such as negotiation, mediation, arbitration - to help managers make educated decisions when faced with choices of trial or ADR.

Mobile Technologies for Conflict Management

Author: Marta Poblet
Publisher: Springer Science & Business Media
ISBN: 9789400713840
Format: PDF, Mobi
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Mobile phones are the most ubiquitous communications technology in the world. Besides transforming the way in which we communicate, they can also be used as a powerful tool for conflict prevention and management. This book presents innovative uses of mobile technologies in the areas of early warning, disaster and humanitarian relief, governance, citizens’ participation, etc. and cuts across different regions. The book brings together experts and practitioners from different fields—mobile technologies, information systems, computer sciences, online dispute resolution, law, etc.—to reflect on present experiences and to explore new areas for research on conflict management and online dispute resolution (ODR). It also reflects on the transition from present ODR to future mobile Dispute Resolution and discusses key privacy issues. The book is addressed to anyone involved in conflict prevention and dispute management aiming to learn how mobile technologies can play a disruptive role in the way we deal with conflict.

Online Dispute Resolution

Author: Net Neutrals EU
Publisher: AuthorHouse
ISBN: 1504963547
Format: PDF
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Online Dispute Resolution

Practical examples of Alternative Dispute Resolution in the US and EU - a handbook for best practice today

and tomorrow

A Promise Unfulfilled and What to Do About It - Complaint Handling Now

Marc Grainer; Scott Broetzmann, David Beinhacker, and

Richard Grainer

Online Dispute Resolution - Designing Systems for Effective Dispute Settlement - a US practitioner perspective

Jo DeMars

Online Dispute Resolution for Business - Embedding Online Dispute Resolution in the Civil Justice System

Pablo Cortes

Consumer Trust and Business Benefits with ODR

Immaculada Barral-Viñals

Where Law, Technology, Theory and Practice Overlap: Enforcement Mechanisms and System Design

Riika Koulu

The Experience of Combining Traditional Face to Face Dispute Resolution Mediation with an Online Dispute Resolution Tool

- Benefits and Challenges
Amy Koltz

Online Dispute Resolution Decision Making - A NetNeutrals Practitioner's View

Katherine G. Newcomer

One Man's View of One Country - ADR & ODR and the future of complaint management in the UK

Adrian Lawes

A Practical Approach to Alternative Dispute Resolution

Author: Stuart Sime
Publisher: Oxford University Press
ISBN: 0198747667
Format: PDF
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A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of resolution of disputes out of court. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes. Written by an authoritative and highly respected author team, A Practical Approach to Alternative Dispute Resolution contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, and examples drawn from a range of different types of practice. Numerous cross-references to relevant websites and further resources are also provided. This fourth edition has been brought fully up to date to reflect current practice and issues affecting ADR. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures - Useful links for each chapter - Diagrams and figures from the book

Costs and Quality of Online Dispute Resolution

Author: Martin Gramatikov
Publisher: Maklu
ISBN: 904660473X
Format: PDF, ePub, Mobi
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The internet has changed the way we do business, communicate, shop, travel, and learn. Technologies are already assisting people to solve their disputes. E-bay alone deals with more than 60 million disagreements per year using smart online dispute resolution (ODR) tools. In the Netherlands, some people already arrange their divorce using the advantages of online mediation. In this book, a team of experts - from academia, the ODR industry, and civil society - discuss the status quo of ODR in the European Union. But it goes beyond a mere overview. The book also outlines the results of the EMCOD project, which aims to broaden the access to justice and has developed a method for measuring the costs and quality of ODR processes. It has been written for providers and users of ODR services, as well as for policy makers committed to innovations in the field of dispute resolution.