Download Online Dispute Resolution. Technology, Management and Legal by Faye Wang PDF

By Faye Wang

This booklet is helping attorneys, practitioners, legislators and scholars comprehend and take care of the demanding situations of e-commerce, and to profit concerning the most modern know-how and rules of on-line Dispute solution (ODR). It introduces assorted varieties of on-line dispute answer, opposed to the history of other Dispute answer (ADR) advancements within the off-line setting; crucially, it examines the present know-how and felony prestige of ODR within the ecu, US, Asia and Australia, and discusses the kin among a few of the events in dispute resolutions, particularly the 5th celebration for the supplier of the know-how. It extra analyses the 4 so much winning examples, comparable to Michigan Cybercourt, WIPO-UDRP, eBay-SquareTrade and AAA-CyberSettle. ultimately, an offer for resolving e-contract disputes through ODR is supplied, and a code of behavior suggested so that it will keep watch over the digital trade market.

  • Based on unique study and updated most sensible practices in the on-line dispute solution field
  • Simple and transparent with an in-depth research and of quite a lot of subject matters reminiscent of expertise, administration and law
  • Provides useful ideas to real-world issues of an offer of center ideas and codes of behavior, that's of serious worth in academia and legislative firms equivalent to the ecu fee and UNCITRAL

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Extra resources for Online Dispute Resolution. Technology, Management and Legal Practice from an International Perspective

Sample text

The computer then compares the offer and the demand and reaches a settlement for their arithmetic mean. Assisted negotiation The parties communicate with one another over the internet, using for instance e-mails, web-based communication tools or video conferences. E-mediation The online form of traditional mediation. A third neutral person with no decision power tries convincing the parties to reach an agreement (the only difference with offline mediation is that the third neutral person and the parties always communicate via the internet).

ADR rules and its web service can become a vital model for proposing an overarching ODR regulation in the EU. 3 US ODR regulations In the US providers of ODR are increasingly facing calls for selfregulation and adoption of best practice guidelines. 30 The report emphasises that an ODR transaction is indeed an e-commerce transaction in and of itself. Thus, as internet merchants, ODR providers should adhere to adequate standards 46 The current legal environment of ODR and codes of conduct. The ABA essentially recommends that ODR providers strive to achieve transparency through information and disclosure as a basis to achieve sustainability.

Second, the tool should attempt to resolve any existing conflicts using dialogue techniques. Third, for those issues not resolved in step two, the tool should employ compensation/trade-off strategies in order to facilitate resolution of the dispute. 40 At the early stage, to fulfil the ODR functions, Lodder developed an ODR software called ‘DiaLaw’, a two-player dialogue game designed to establish justified statements, which can clearly explain the basic logic of the ODR environment. A dialogue in DiaLaw starts when a player introduces a statement he or she wants to justify.

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