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Alternative dispute resolution essay

Alternative dispute resolution essay



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It primarily alternative dispute resolution essay negotiation, mediation or arbitration, or a combination of all three. It is believed that efficient mechanisms to resolve online disputes will impact in the development of e-commerce.

Dispute resolution techniques range from methods where parties have full control of the procedure, to methods where a third party is in control of both the process and the outcome. ODR was born from the synergy between ADR and ICT, as a method for resolving disputes that were arising online, and for which traditional means of dispute resolution were inefficient or unavailable. The introduction of ICT in dispute resolution is currently growing to the extent that the difference between off-line dispute resolution and ODR is blurry. It has been observed that it is only possible to distinguish between proceedings that rely heavily on online technology and proceedings that do not. Some commentators have defined ODR exclusively as the use of ADR assisted principally with ICT tools. In ODR, the information management is not only carried out by physical persons but also by computers and software.

The assistance of ICT has been named by Katsh and Rifkin as the ‘fourth party’ because ODR is seen as an independent input to the management of the dispute. The fourth party embodies a range of capabilities in the same manner that the third party does. While the fourth party may at times take the place of the third party, i. The fourth party may do many things such as organize information, send automatic responses, shape writing communications in a more polite and constructive manner e.



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