Saturday, August 10, 2019
Internet Law - ODR or Litigation (the detailed question is below) Essay
Internet Law - ODR or Litigation (the detailed question is below) - Essay Example The essay discusses the advantages and disadvantages of ODR and explains why it is the most preferable method in the modern world. The essay also discusses the efforts put in place in the EU to increase the effectiveness of ODR, for example, the Regulation on Consumer ODR and the EC Directive on Consumer ADR of 2013. In addition, the essay considers the Brussels I Regulation is explaining why ODR is the best method of dispute resolution. The advanced communication and information technologies have enabled resolution of disputes through videoconferencing, email, or both. ODR can be used to resolve disputes that arises from the e-commerce transactions or other disputes that are not related to the internet. Online Dispute Resolution has provided an alternative to the traditional legal ways of solving cases that involve a judge who decides the cases at the court. The conflicting parties can, as well meet in person and negotiate their disputes and at the same time, combine with online-based resolutions to enter into agreements.1 Such combinations of ââ¬Å"onlineâ⬠and ââ¬Å"offlineâ⬠interactions are also considered to be part of Online Dispute Resolution. There are increasing numbers of organisations that provide Online Dispute Resolution services around the world. These organizations are growing the modern trend of easing the courts with voluminous cases by providing a simpler and low-cost platform for peop le to resolve their cases.2 Online Dispute Resolution takes different forms, which may include mediation, arbitration and negotiation. Mediation involves resolution of disputes between two conflicting parties using a mediator. The parties present their arguments, issues and evidence to the mediator who a neutral third party in the private and voluntary process. Mediation can be done exclusively via email and/or videoconferencing, or by physically meeting in one room. In some
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