ICT AND ALTERNATIVE DISPUTE RESOLUTION

Knowledge Society and the Law

Alberto Fortún©

Consiglio Nazionale delle Ricerche

Rome, 26 April 2004

ICT and Alternative Dispute Resolution

QUICK OVERVIEW

The evolution of Online Dispute Resolution

(ODRs)

ODR providers and models

ICT requirements

Regional experiences

Challenges

ICT and Alternative Dispute Resolution

ICT + ADR = ODR

Global economy and internet increase B2C

disputes in a computer environment

Courts are unable to render appropriate remedies

ODR models attempt to replicate ADR techniques

which are more flexible

On line arbitration encounters legal problems

ICT and Alternative Dispute Resolution

ALTERNATIVE DISPUTE RESOLUTION IN THE E.U.

Recommendation of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes

Directive 2000/31/CE of June 8 on electronic commerce

ICT and Alternative Dispute Resolution

ALTERNATIVE DISPUTE RESOLUTION IN THE E.U.

Recommendation of 4 April 2001 on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes (Consumers Protection)

Green paper on alternative dispute resolution in civil and commercial law. COM/2002/0196 final 19.04.2001 (Judicial network in civil matters)

ICT and Alternative Dispute Resolution

ODR SERVICES (I)

Arbitration (additionally, negotiation

and mediation)

Award Settlement

Negotiation Mediation

Fast track

Plenary process

Interaction of services

ICT and Alternative Dispute Resolution

ODR PROVIDERS’ PRODUCTS

Automated Negotiation

Facilitated Negotiation

Negotiation support

Complaint handling

Mediation

Case appraisal

Arbitration

ICT and Alternative Dispute Resolution

CASES

ICT and Alternative Dispute Resolution

ICT REQUIREMENTS FOR ODR PROVIDERS

Accessibility: visible, party control, traceable,

availability and timeliness, useable and

affordable

Reliability: authentication, security,

confidentiality

ICT and Alternative Dispute Resolution

ICT VIRTUES

The value of the “Fourth Party” metaphor. ICT guide the user´s conduct throughout the process with model forms and checklists.

ICT provides the user with one shop stop for communication, notices, evidence and settlement of the dispute

ICT save time and money

ICT and Alternative Dispute Resolution

ICT PITFALLS

Legal issues, particularly in online

arbitration

No settled standards or centers guarantee a

secure process

First time use requires time and resources

Murphy's law: ICT technologies fail more

than expected.

ICT and Alternative Dispute Resolution

EUROPE:

• European Commission (e-Confidence forum)

• The Chartered Institute of Arbitrators

• SITAR (Consumers National Institute of

Spain)

SOUTH AMERICA:

• National network of meditation centers and

commercial arbitration.

REGIONAL EXPERIENCES

ICT and Alternative Dispute Resolution

EE.UU:

• Cyber Court (Michigan)

• Cybersettle registered with the US

Patent Office the first Online ADR

method

ASIA • 2004 ADR Act in Philippines

• I-CASS Cyber Arbitration Service System

REGIONAL EXPERIENCES

ICT and Alternative Dispute Resolution

Cyber Arbitration Service System

ICT and Alternative Dispute Resolution

CHALLENGES

To achieve widespread standards for

ODR technologies

To ensure access to appropriate redress

and justice

To gain the user’s trust in a reliable ICT

environment

ICT and Alternative Dispute Resolution

There is an irrefutable international trend

in favor of incorporating new technologies

to ADR mechanisms.

Their success will mainly depend on the

market demands, the user’s confidence

and the enforceability of the decisions

that settle the dispute.

FINAL CONSIDERATIONS