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Online Dispute Resolution

Lex Electronica, Vol. 10, No. 2, 2005

131 Pages Posted: 2 Feb 2009 Last revised: 22 Jun 2014

Karim Benyekhlef

University of Montreal

Fabien Gelinas

McGill University

Date Written: July 1, 2005

Abstract

The main objectives of this paper are to demystify cyberjustice, which is often referred to as online dispute resolution (ODR), and to document its early period. What does ODR really mean? What does it presuppose? The paper explains what information and communication technologies actually and potentially can bring to the administration of justice. It describes in accessible terms the nuts and bolts of online dispute resolution and relates the principal early ODR experiments. There are many areas in which cyberjustice can be used, but so far few have received concrete, sustained attention. Such attention could usefully be turned to the strong potential of ODR, which merits investigation. The strictly legal aspects of the phenomenon are also discussed. How can state law accommodate the role of the private sector in developing ODR? What are the legal obstacles to deploying ODR? The last section of the paper provides a detailed presentation of the first sui generis online arbitration system : the domain name dispute resolution application developed by eResolution.

Keywords: Cyberjustice, Online Dispute Resolution, ODR, Case Management, Electronic Case Filing, Electronic Court Filing, IJIS, Blind Bidding, Dispute Resolution, Online Arbitration

Suggested Citation

Benyekhlef, Karim and Gelinas, Fabien, Online Dispute Resolution (July 1, 2005). Lex Electronica, Vol. 10, No. 2, 2005. Available at SSRN: https://ssrn.com/abstract=1336379

Karim Benyekhlef

University of Montreal ( email )

C.P. 6128 succursale Centre-ville
Montreal, Quebec H3C 3J7
Canada

Fabien Gelinas (Contact Author)

McGill University ( email )

3644 Peel Street
Montreal, Quebec H3A1W9
Canada

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