Book contents
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Table of Cases
- PART I Introduction
- PART II Jurisdiction
- PART III Choice of law
- PART IV Online dispute resolution
- 10 Alternative dispute resolution and the Internet
- 11 The legal obstacles and solutions to online arbitration and online mediation
- PART V The future
- Appendix 1 Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I)
- Appendix 2 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
- Bibliography
- Index
10 - Alternative dispute resolution and the Internet
from PART IV - Online dispute resolution
Published online by Cambridge University Press: 03 May 2011
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Table of Cases
- PART I Introduction
- PART II Jurisdiction
- PART III Choice of law
- PART IV Online dispute resolution
- 10 Alternative dispute resolution and the Internet
- 11 The legal obstacles and solutions to online arbitration and online mediation
- PART V The future
- Appendix 1 Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I)
- Appendix 2 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
- Bibliography
- Index
Summary
The movement from ADR to ODR
Alternative dispute resolution (ADR) can be deemed to be a key technique in resolving disputes, a structured process with a third party intervention and an escape from court litigation. ADR includes arbitration, mediation/conciliation and negotiation.
“Arbitration” is a form of adjudication with a neutral decision-maker – an arbitrator rather than a judge – and its award is normally enforceable as a court judgment. “Mediation” is different from arbitration in that a neutral third party – a mediator – will have no power to adjudicate or impose an award but seeks to help the disputing parties to reach a negotiated agreement. “Negotiation” is the most informal method of ADR where the parties communicate with each other with the aim of making a decision, which is voluntary and non-binding. Sometimes, negotiation can be assisted by a third party chosen by the disputing parties.
From a commercial dispute perspective, as ADR aims to resolve disputes in a more friendly way rather than by going to court, it is used for merchants who are making efforts to establish or maintain a long-term business relationship with each other. As ADR is also considered to be more efficient, flexible, confidential and less costly, compared with traditional litigation, it is also useful for consumers who are seeking help for small claims.
- Type
- Chapter
- Information
- Internet Jurisdiction and Choice of LawLegal Practices in the EU, US and China, pp. 143 - 155Publisher: Cambridge University PressPrint publication year: 2010