Online Alternative Dispute Resolution Essay Example | Topics and Well Written Essays - 6250 words

Online Alternative Dispute Resolution - Essay Example Dispute resolution is the process of resolving disputes between parties, and there are various methods of dispute resolution, which includes such things as: lawsuits (litigation), arbitration, mediation, conciliation, as well as many types of negotiation. Dispute resolution processes fall into two major types: adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome; and consensual processes, such as mediation, conciliation, or negotiation, in which the parties attempt to reach agreement. Some use the term dispute resolution to refer only to alternative dispute resolution (ADR); of which generally depends on agreement by the parties to use ADR processes, either before or after a dispute has arisen. However, dispute resolution can also take place online by using technology in certain cases. Online Dispute Resolution, a growing field of dispute resolution, uses new technologies to solve disputes. It also involves the applica tion of traditional dispute resolution methods to disputes which arise online.1 There are a vast array of factors, elements, and subordinated issues in this subject matter, and in order to come to a clearer and more knowledgeable understanding on this issue, the following questions must be addressed: 1. What is the definition and scope of application in regards to Online Dispute Resolution 2. What is the importance of the rise of Online Dispute Resolution 3. What are the similarities and differences between Online Dispute Resolution and Alternative Dispute Resolution 4. What are some problems affecting efficiency in regards to Online Dispute Resolution in the shadow of the law 5. What are some problems affecting efficiency in regards to the trust mechanism in the online environment By thoroughly discussing these five questions, we can come to a more intellectual and critical point of view on the subject matter at hand. The aim of this paper is to discuss all of this, as well as any and all key elements and factors in relation to this. This is what will be dissertated in the following. What is the Definition and Scope of Application in Regards to Online Dispute Resolution Online Dispute Resolution is a branch of dispute resolution which uses specific technology in order to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of Alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.2 Online Dispute Resolution can take place either entirely or simply partly online and primarily concerns two types of disputes: those that arise in cyberspace and those that arise offline. As Internet usage continues to expand, it has become increasingly necessary to design efficient mechanisms for resolving Internet disputes because traditional mechanisms, such as