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Online Dispute Resolution as an Inspiration for Contemporary Justice

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LOUTOCKÝ Pavel

Rok publikování 2019
Druh Článek v odborném periodiku
Časopis / Zdroj Jusletter IT. Die Zeitschrift für IT und Recht
Fakulta / Pracoviště MU

Právnická fakulta

Citace
www Web časopisu
Klíčová slova ODR; eJustice; ODR platform; Online Court; negotiation; mediation; court proceedings
Přiložené soubory
Popis 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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