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Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part IV

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by Renee Kolar

Tuesday, Apr 15, 2014


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Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool

Part IV

Part I | Part II | Part III | Part V

By: Burkley Wombwell

IV. ODR in the International Context

While ODR has its roots in North America,[1] the process is taking off internationally. Scholars have written articles on the expansion of ODR in Europe, Australia, Asia, Latin America, and Africa.[2] A big draw for ODR is its ability to solve disputes despite vast geographical distances, making it a prime candidate for the resolution of international disputes. Much of the focus devoted to ODR by providers has been on international case management (e.g. AAA, CPR).

As mentioned before, CPR has joined with the United Nations Commission on International Trade Law (UNCITRAL) to develop universal rules and techniques for online dispute resolution. The goal is to better enable global commerce by providing a globally recognized framework for dispute resolution.[3] Specifically, the idea is to provide a practical way to resolve disputes arising from the low-value, high-volumes transactions worldwide that need a rapid, effective and low-cost dispute resolution response.[4] The Working Group had their 28th session November 18-22, 2013, in which they further drafted procedural rules. Once in general use, this ODR framework will significantly improve international consumer dispute resolution.

The next post will address the pros and cons of ODR as well as current issues and perspectives.  Stay tuned!


[1] Arthur Pearlstein, Bryan Hanson & Noam Ebner, ODR in North America, in ONLINE DISPUTE RESOLUTION: THEORY AND PRACTICE: A TREATISE ON TECHNOLOGY AND DISPUTE RESOLUTION, 431 (Daniel Rainey, Ethan Katsh, & Mohamed S. Abdel Wahab eds., The Hauge: Eleven International, 2012).

[2] ONLINE DISPUTE RESOLUTION: THEORY AND PRACTICE: A TREATISE ON TECHNOLOGY AND DISPUTE RESOLUTION, supra note 1, at 453, 471, 499, 517, 549.

[3] CPR Online Dispute Resolution (ODR) Overview, CPR,http://www.cpradr.org/AcrossBorders/CPRODROverview.aspx (last visited December 4, 2013).

[4] Id.

Related Posts

  • Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part IIIOnline Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part III
  • Online Dispute Resolution:  An Amorphous Concept, Yet An Effective Tool Part IIOnline Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part II
  • Online Dispute Resolution: An Amorphous Concept, Yet an Effective Tool Part IOnline Dispute Resolution: An Amorphous Concept, Yet an Effective Tool Part I
  • Fairness, Trust, and Security in Online Dispute ResolutionFairness, Trust, and Security in Online Dispute Resolution
  •  Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part V Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part V
  • Digital Disagreements: Neural Networks and Their PotentialDigital Disagreements: Neural Networks and Their Potential

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About Renee Kolar

Renée Kolar received her J.D. from the University of Texas School of Law in December 2012 and passed the February 2013 Texas Bar Exam. Her experience living abroad and studying translation taught her that misunderstandings between people arise not just from their language differences, but also from the absence of a shared cultural background.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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