The Rule of Law and Online Dispute Resolution
Alessia Facheci, Timothy Endicott, and Antonio Estella de Noriega, Online Dispute Resolution: virtud cívica digital, democracia y derecho (CEU Ediciones, Madrid 2017) 21-36
11 Pages Posted: 28 Nov 2018
Date Written: October 21, 2016
There is a tension in the rule of law between the need for dispute resolution, and the need for conformity to law. The tension arises because conformity to law can require cumbersome processes that stand in the way of dispute resolution. I address the capacity of Online Dispute Resolution (ODR) to advance the rule of law by providing resolution of disputes that cannot effectively be resolved through the judicial paradigm of dispute resolution. And I point out pathologies of ODR, that can lead to one of the two antitheses of the rule of law: anarchy, or the arbitrary exercise of power. I conclude that ODR is not necessarily contrary to the rule of law, and may be a huge advance in the rule of law. But its potential failings are potential failures in the rule of law.
Keywords: Online dispute resolution, rule of law, private law
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