Comparison of ADR and ODR _1743

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Comparison of ADR and ODR of

[Abstract] With the rapid development of global e-commerce, e-commerce disputes increasingly attracted wide attention, traditional dispute resolution difficult to adapt to the needs of the network environment, in a variety of electronic dispute settlement in, ODR more and more popular. By comparing ADR and ODR, ODR characteristics of the dispute resolution processes and the development of the problem to be solved to make resolution. [Key words] ODR ADR dispute with e-commerce e-commerce development, network economy more and more disputes. Encourage alternative dispute resolution at the same time, countries are encouraged to use the network technology the way in which dispute resolution, which gives the already burgeoning online dispute resolution offers opportunities for development. Although the online dispute resolution basically follows the existing alternative dispute resolution in the form, but the use of the network due to its special technical means that to become a relatively independent dispute resolution. One, ADR and ODR Comparison ADR (alternative dispute resolution) - Alternative dispute resolution refers to the proceedings other than a variety of dispute resolution, the sum of procedures and systems; ODR (online dispute resolution) - online dispute resolution, is a network covering all non-third court, but just to address the corporate and consumer e-commerce Contract shall be due to a dispute between any way. On the resolution of disputes, ADR and ODR advantages common: 1. Over the proceedings is concerned, they all have fast, cheap features. 2. On the solution concerned, they are flexible. Assistance from third-party negotiations to formal arbitration, the parties dispute the nature of the selection according to different types ADR (or ODR), embodies the party autonomy, but also through the most appropriate way to get the best results of dispute resolution . 3. To resolve the effect is concerned, all of which can help in the neutral expert, the parties are more likely to be 4. On the solution is concerned, they broaden the channels of access to justice. As former Chief Justice of the United States Warren Burger said: 5. In terms of social impact, they maintain a personal or organization's reputation. Especially with the reputation and status of people or organizations, but also willing to privately, to avoid damaging the image. Compared with ADR, ODR time to resolve disputes faster, more flexible rules, form a more intimate, which is determined by its inherent characteristics of the decision. (1) ODR linear program. ODR launch and operation procedures are based on-line manner. ADR importance of party by a traditional face to face communications, negotiations, dispute mediation, etc. in order to obtain the solution. The ODR is through the Internet beyond the geographical and temporal boundaries can make the party in different regions vary in different places simultaneously or in different places when a virtual face to face consultation, clients do not have to follow strict procedures and limitation rule, saving cost of settlement of disputes and Time. (2) ODR rule flexibility. In traditional ADR, the parties are determined according to the provisions of the law negotiations. However, ODR, because of characteristics of the network without borders, the parties can not meet the applicable law, the ODR detached and legal jurisdiction of the Court's rules, and effectively avoid the above phenomenon. In practice,[link widoczny dla zalogowanych], each site providing ODR services gradually formed its own network of rules, the user can choose according to different application, and the right to decide to enter or exit the ODR program as well as whether to accept the constraints of the rules, the rules fully reflects the ODR flexibility. (3) ODR information confidential. At present, ODR mainly taken two measures to increase confidentiality: one is in dispute is not resolved, the parties announced the settlement of disputes are not recommendations to ensure the privacy of the parties are respected, while the mediator is not responsible for the timely Remove Programs necessary for automatic backup information; Second is to use The best way encryption of information. (4) ODR protocol non-mandatory. Agreement reached through the ODR is generally not legally binding, unless otherwise agreed by between the parties, and even some online arbitration rules also allow the party to decide validity of arbitral awards. ODR procedures can not prevent the parties to start court proceedings to seek ways to resolve disputes, though, because ODR is the parties voluntarily choose to participate, so the decision to the parties generally easy to obtain compliance. Short, ODR's biggest advantage is that high, this may only be able to adapt to the development of effective e-commerce dispute resolution. Second, online dispute resolution model 1. Self-ODR mode. Self-ODR model in resolving the dispute does not require an arbitrator or mediator in this model is often through a computer program automatically handle the dispute. In the procedure, the parties offer and request the other party is not open, so that the model is also known as non-public offer processing mode. Self-ODR model in resolving disputes can be better simply to play fast and convenient features, and a higher success rate. Since the pattern is not a mediator / arbitrator in its handling of the disputes are relatively simple, generally involving a dispute on the price of both parties, not to divide the specific responsibilities.