Pub Date : 2019-12-01DOI: 10.5553/ijodr/235250022019006002015
Emma van Gelder
The EU internal market has undergone several developments in the past decades. One of the main developments is the inclusion of a digital dimension. One of the fields in which these developments are very evident is the consumer market. A fur‐ ther development of e-commerce is however hindered because there are no suitable redress mechanisms for consumers involved in low-value, high volume claims typi‐ cally arising from e-commerce transactions. In response to the ills of existing redress mechanisms, an emerging trend of consumer alternative dispute resolution (ADR) and consumer online dispute resolution (ODR) schemes has been identified throughout the Member States (MS) aimed to offer consumers a swift, cheap and simple procedure through which they can enforce their rightsThis paper outlines the EU approach to Consumer ADR/ODR, gives some observations of the function‐ ing of the legislation in practice and concludes with some thoughts for the future.
{"title":"The EU Approach to Consumer ODR","authors":"Emma van Gelder","doi":"10.5553/ijodr/235250022019006002015","DOIUrl":"https://doi.org/10.5553/ijodr/235250022019006002015","url":null,"abstract":"The EU internal market has undergone several developments in the past decades. One of the main developments is the inclusion of a digital dimension. One of the fields in which these developments are very evident is the consumer market. A fur‐ ther development of e-commerce is however hindered because there are no suitable redress mechanisms for consumers involved in low-value, high volume claims typi‐ cally arising from e-commerce transactions. In response to the ills of existing redress mechanisms, an emerging trend of consumer alternative dispute resolution (ADR) and consumer online dispute resolution (ODR) schemes has been identified throughout the Member States (MS) aimed to offer consumers a swift, cheap and simple procedure through which they can enforce their rightsThis paper outlines the EU approach to Consumer ADR/ODR, gives some observations of the function‐ ing of the legislation in practice and concludes with some thoughts for the future.","PeriodicalId":348117,"journal":{"name":"International Journal of Online Dispute Resolution","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123572220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-01DOI: 10.5553/ijodr/235250022019006002017
Aura Esther Vilalta Nicuesa
This book provides a landmark survey of computational contracting: one of the most important legal and practical trends for centuries. Computational contracts introduce software functionalities to operationalize, rather than merely record, acts of commercial coordination. In doing so, they bring together software and law in interesting and unchartered ways to create dynamic documents that present unique opportunities and challenges. Distributed ledger technologies have propelled ‘smart contracts’ into mainstream application over the last decade. The introduction of software into contractual relationships, however, may be implemented in a number of ways, of which such ‘smart contracts’ are only one. Broadly, it is possible both to express legal promises in code and to incorporate code-based elements within conventional (‘paper’) contracts. This volume examines the observed approaches and reflects critically on their relationship and the common issues raised. The organizing principle behind the volume is that emerging design patterns and considerations are beginning to form around the instantiation of code in contractual agreements—the ‘smart legal contract’. With incisive analyses from legal scholars, computer scientists, judges, and legal practitioners across common law jurisdictions, this volume addresses many of the foundational questions raised by smart contracts in legal theory and practice and provides a critical point of orientation in an emerging but still disparate literature.
{"title":"Smart Legal Contracts","authors":"Aura Esther Vilalta Nicuesa","doi":"10.5553/ijodr/235250022019006002017","DOIUrl":"https://doi.org/10.5553/ijodr/235250022019006002017","url":null,"abstract":"This book provides a landmark survey of computational contracting: one of the most important legal and practical trends for centuries. Computational contracts introduce software functionalities to operationalize, rather than merely record, acts of commercial coordination. In doing so, they bring together software and law in interesting and unchartered ways to create dynamic documents that present unique opportunities and challenges. Distributed ledger technologies have propelled ‘smart contracts’ into mainstream application over the last decade. The introduction of software into contractual relationships, however, may be implemented in a number of ways, of which such ‘smart contracts’ are only one. Broadly, it is possible both to express legal promises in code and to incorporate code-based elements within conventional (‘paper’) contracts. This volume examines the observed approaches and reflects critically on their relationship and the common issues raised. The organizing principle behind the volume is that emerging design patterns and considerations are beginning to form around the instantiation of code in contractual agreements—the ‘smart legal contract’. With incisive analyses from legal scholars, computer scientists, judges, and legal practitioners across common law jurisdictions, this volume addresses many of the foundational questions raised by smart contracts in legal theory and practice and provides a critical point of orientation in an emerging but still disparate literature.","PeriodicalId":348117,"journal":{"name":"International Journal of Online Dispute Resolution","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132665186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-01DOI: 10.5553/ijodr/235250022019006002005
N. Ebner, Elayne E. Greenberg
As ODR enters the court system, it is eagerly embraced by two of the justice system's traditional stakeholders: the public, and the courts. The third stakeholder, lawyers and the legal profession, has largely been absent from the table when discussions on initiating and designing court-ODR systems have taken place. In this paper, we explain the roots of this phenomenon and describe a conference session at the 2019 International Forum on ODR at which we shared them with ODR experts and court leaders. We engaged participants in a community conversation about engaging the legal profession in this justice evolution, in order to ensure its success and strengthen its justice outcomes. Together with participants, we generated a list of suggestions and best practices for engaging the legal profession constructively around these issues.
{"title":"Where Have All the Lawyers Gone?","authors":"N. Ebner, Elayne E. Greenberg","doi":"10.5553/ijodr/235250022019006002005","DOIUrl":"https://doi.org/10.5553/ijodr/235250022019006002005","url":null,"abstract":"As ODR enters the court system, it is eagerly embraced by two of the justice system's traditional stakeholders: the public, and the courts. The third stakeholder, lawyers and the legal profession, has largely been absent from the table when discussions on initiating and designing court-ODR systems have taken place. \u0000 \u0000In this paper, we explain the roots of this phenomenon and describe a conference session at the 2019 International Forum on ODR at which we shared them with ODR experts and court leaders. We engaged participants in a community conversation about engaging the legal profession in this justice evolution, in order to ensure its success and strengthen its justice outcomes. Together with participants, we generated a list of suggestions and best practices for engaging the legal profession constructively around these issues.","PeriodicalId":348117,"journal":{"name":"International Journal of Online Dispute Resolution","volume":"23 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116609922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-01DOI: 10.5553/ijodr/235250022018005102005
Bridgette Toy-Cronin, Bridget Irvine, D. Nichols, S. Cunningham, Tatiana Tkačuková
Modernization is increasingly knocking on the courthouse door. Many common law countries are investigating ways to introduce technology to improve civil courts, including the introduction of online courts. These state-led initiatives are primarily focused on lowering state costs in providing justice, as well as increasing access to dispute resolution. One possible solution some legal jurisdictions are exploring is ‘online courts’. Online courts hold the promise of making justice more accessible and affordable: a dispute can be filed at any time, from anywhere, by anyone. This model of delivering justice is envisioned as a system that either is lawyer-less or has a minimal role for lawyers. One of the assumptions underpinning an online court is, therefore, that laypeople can effectively explain a dispute to the court, without legal assistance. To date, there is no empirical research investigating that assump‐ tion. In this article, we will outline the proposed online court model, consider the need for robust empirical research, and describe a three-part investigation to explore how clearly and accurately people can explain a dispute.
{"title":"Testing the Promise of Access to Justice through Online Courts","authors":"Bridgette Toy-Cronin, Bridget Irvine, D. Nichols, S. Cunningham, Tatiana Tkačuková","doi":"10.5553/ijodr/235250022018005102005","DOIUrl":"https://doi.org/10.5553/ijodr/235250022018005102005","url":null,"abstract":"Modernization is increasingly knocking on the courthouse door. Many common law countries are investigating ways to introduce technology to improve civil courts, including the introduction of online courts. These state-led initiatives are primarily focused on lowering state costs in providing justice, as well as increasing access to dispute resolution. One possible solution some legal jurisdictions are exploring is ‘online courts’. Online courts hold the promise of making justice more accessible and affordable: a dispute can be filed at any time, from anywhere, by anyone. This model of delivering justice is envisioned as a system that either is lawyer-less or has a minimal role for lawyers. One of the assumptions underpinning an online court is, therefore, that laypeople can effectively explain a dispute to the court, without legal assistance. To date, there is no empirical research investigating that assump‐ tion. In this article, we will outline the proposed online court model, consider the need for robust empirical research, and describe a three-part investigation to explore how clearly and accurately people can explain a dispute.","PeriodicalId":348117,"journal":{"name":"International Journal of Online Dispute Resolution","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126892427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-01DOI: 10.5553/IJODR/235250022018005102007
D. Porteous
{"title":"The Case for Reframing ODR in Emerging Economies","authors":"D. Porteous","doi":"10.5553/IJODR/235250022018005102007","DOIUrl":"https://doi.org/10.5553/IJODR/235250022018005102007","url":null,"abstract":"","PeriodicalId":348117,"journal":{"name":"International Journal of Online Dispute Resolution","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125684650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-01DOI: 10.5553/IJODR/235250022018005102009
A. Gonçalves, D. Rainey
{"title":"Standards, Qualifications, and Certification for e-Mediators","authors":"A. Gonçalves, D. Rainey","doi":"10.5553/IJODR/235250022018005102009","DOIUrl":"https://doi.org/10.5553/IJODR/235250022018005102009","url":null,"abstract":"","PeriodicalId":348117,"journal":{"name":"International Journal of Online Dispute Resolution","volume":"597 15","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120974962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-01DOI: 10.5553/IJODR/235250022018005102001
E. Katsh
{"title":"Online Dispute Resolution and Public and Private Justice Systems","authors":"E. Katsh","doi":"10.5553/IJODR/235250022018005102001","DOIUrl":"https://doi.org/10.5553/IJODR/235250022018005102001","url":null,"abstract":"","PeriodicalId":348117,"journal":{"name":"International Journal of Online Dispute Resolution","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117046944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-01DOI: 10.5553/ijodr/235250022018005102008
James A. Metzger
{"title":"Decentralized Justice in the Era of Blockchain","authors":"James A. Metzger","doi":"10.5553/ijodr/235250022018005102008","DOIUrl":"https://doi.org/10.5553/ijodr/235250022018005102008","url":null,"abstract":"","PeriodicalId":348117,"journal":{"name":"International Journal of Online Dispute Resolution","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128437642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-01DOI: 10.5553/IJODR/235250022018005102011
Pablo Cortés
{"title":"Using Technology and ADR Methods to Enhance Access to Justice","authors":"Pablo Cortés","doi":"10.5553/IJODR/235250022018005102011","DOIUrl":"https://doi.org/10.5553/IJODR/235250022018005102011","url":null,"abstract":"","PeriodicalId":348117,"journal":{"name":"International Journal of Online Dispute Resolution","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115958649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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