LOUTOCKÝ, Pavel. Online Dispute Resolution as an Inspiration for Contemporary Justice. Jusletter IT. Die Zeitschrift für IT und Recht. Bern: Editions Weblaw, 2019, vol. 2019, Februar, p. 1-8. ISSN 1664-848X.
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Original name Online Dispute Resolution as an Inspiration for Contemporary Justice
Authors LOUTOCKÝ, Pavel (203 Czech Republic, guarantor, belonging to the institution).
Edition Jusletter IT. Die Zeitschrift für IT und Recht. Bern, Editions Weblaw, 2019, 1664-848X.
Other information
Original language English
Type of outcome Article in a journal
Country of publisher Switzerland
Confidentiality degree is not subject to a state or trade secret
WWW URL
RIV identification code RIV/00216224:14220/19:00111680
Organization Právnická fakulta – Repository – Repository
Keywords in English ODR; eJustice; ODR platform; Online Court; negotiation; mediation; court proceedings
Links MUNI/A/1006/2018, interní kód Repo.
Changed by Changed by: RNDr. Daniel Jakubík, učo 139797. Changed: 9/9/2020 23:53.
Abstract
The traditional judicial mechanisms have not previously offered an appropriate solution for settling disputes in online environment. The online dispute resolution (ODR) has emerged as a pragmatic response to such unsatisfactory situation. It cannot however be seen only as out-of-court dispute settlement tool (as is often wrongly understood), the instruments of ODR are fully usable also in court decision-making process and should be understood as part of it. In our presentation we would like to focus on the direction in which the ODR should be further developed. The main currently considered promising suggestion is the linking of the non-binding forms of the ODR with judicial proceedings in one functional unit. This should reveal further potential of the ODR and adequately combat the lack of efficiency of judicial decision-making. The main aim of the article is to discuss further interconnection of ODR and its non-binding phases (online negotiation and online mediation) with binding court proceedings and to show only partly verified potential of such approach. Gradual use of online tools in decision-making process should eliminate at least some simple cases; the court would then deal in binding phase only with the more complex cases. Moreover, we will provide some results of the tests of such multi-tier dispute settlement.
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