The increasing use of the Internet worldwide also increases the disputes escalating from Internet commerce. Numerous websites have been standard to determine these Internet disputes, as well as to simplify the reason of disputes that may occur offline. The unpredictable improvement of the use of the Internet makes it probable for businesses to grow their markets and offer services to large groups of e-consumers. Where off-line trades can lead to difficulty and disputes, the similar is correct for online transactions. In other words: e-commerce transactions will sometimes result in e-disputes. To confirm that all parties anxious will feel they can safely participate in e-commerce transactions it is essential that e-disputes are resolved adequately, because doubt over the legal framework may hold back both consumers from purchasing products or services over the Internet, and trader from entering into the electronic market place.
Online dispute resolution (hereinafter—ODR) is a branch of dispute resolution which uses technology to make simpler the resolution of disputes between consumers and traders. It mainly 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 (hereinafter—ADR). However, ODR can also increase these traditional means of resolving disputes by applying advanced techniques and online technologies to the process.
ODR is a wide field, which may be applied to a range of disputes; from interpersonal disputes including consumer to consumer disputes (C2C) or marital separation; to court disputes and interstate conflicts. It is believed that efficient mechanisms to resolve online disputes will impact in...
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... may ask the question whether ODR is merely a passing fad with no real impact on the arena of dispute resolution. The answer to this question is certainly negative: there is a clear need for ODR in the online environment. The Internet and ODR is still in a process of institution building, and even of it takes longer than originally assumed, everything is still in place to develop a global ODR system.
Online dispute resolution has its sceptics and its enthusiasts. The sceptics say given that ODR has not revolutionized dispute resolution yet, it is nothing more than a passing fad. The enthusiasts see an opportunity to develop new resources to resolve conflicts more effectively than today and argue that the Internet and ODR are still in a process of institution building – even if it takes longer than originally assumed – time will come to develop a global ODR system.
Companies doing business on the Web must be certain of their ability to manage the liabilities that can emerge as a result of today's online business environment. This environment includes laws and ethical factors that are sometimes different from those in the brick and mortar setting. The online environment often forms a network of customers who can have considerable levels of communication with each other. Online businesses that break the law or violate ethical standards, therefore, can face swift and harsh reactions from customers and other stakeholders who will quickly learn of the businesses' unscrupulous online behaviors. Online customers also have much more interactive and complex relationships with online businesses than they do with traditional companies. This is because Internet technologies enable companies to build Web sites that can be customized to meet the specific needs of their B2B or B2C customers (Schneider, 2004). Online businesses can use this property of the online environment to manage the legal and ethical requirements of both business and consumer clientele.
A way to equal the playing field in decisive marketable disagreements among different multi-national organisations who are operating in different part of the world (Blankley, 2005).
What is the name given to resolving disputes within the WTO? Diagram, with comments, the general process for resolving disputes within the WTO.
As arbiters divide the differences in half, Sterling, however, is less probable to regain what it believes is the complete measure of its loss (“Arbitration vs. Litigation,” n.d.). In addition, since adjudication entails the adversary presentation of proof and discovery, it frequently has drawbacks similar to those of litigation without the merit of maximizing recovery (Cushman & Myers, 1999). For this reason, I believe mediation would be a decent option for Sterling Computers as it would combine the benefits of arbitration and settlement and could generate a creative settlement offer more appealing to NoBugs. Nonetheless, a disadvantage of mediation is that if the mediator comes up with a way out that NoBugs concurs with, but that is undesirable to Sterling, the parties may end up in a worse position than if they opted for a private settlement (“The Pros and Cons,” n.d.).
E-commerce Law Report. 4(4), pp23-24.
In this paper we will review three scenarios of conflicts where I will provide my opinion on whether alternative dispute resolution would be preferable or litigation. Firstly, we must understand what Alternative Dispute Resolution (ADR). ADR encompasses a number of various options for resolving disputes and conflicts of various natures. Some forms of ADR that you may be familiar with include mediation, negotiation, and arbitration (Lau & Johnson, 2011).
Journal of Dispute Resolution, 401-427.
& Cheeseman, H., 2014, p. 214). The most common forms of ADR are negotiation, mediation, conciliation, mini-trial, fact finding, and judicial referee. (Goldman, T. & Cheeseman, H., 2014, p. 214). The most common forms of ADR are Arbitration and Mediation. Arbitration is defined as “a form of ADR in which the parties choose an impartial third party to hear and decide the dispute. This can be both binding and non-binding” (as cited in Goldman, T. & Cheeseman, H., 2014, p. 215). Mediation is the other most common form defined as “a form a negotiation in which a neutral third party assists the disputing parties in aching a settlement of their dispute” (as cited in Goldman, T. & Cheeseman, H., 2014, p.
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.
Grimsley. S. 2003-2015. Third Party Conflict Resolution: Strategies, Lesson & Quiz. Retrieved from the world wide web on 7 February 2015. http://education-portal.com/academy/lesson/third-party-conflict-resolution-strategies-lesson-quiz.html
These methods are also referred to as “out of court settlements”, whereby the parties involved in the dispute are encouraged to negotiate and find a solution to resolve their dispute. The ADR system is subdivided into the following categories that are negotiation, mediation and arbitration. The process of negotiation consists of dialogues between the disputant parties whereas, “arbitration” and “mediation” require the involvement of a third party to act as a mediator or conciliator in order to find a solution and make unbiased judgment in the matter. It is important to understand that the decisions in a dispute are non-binding if they are made t...
Alternate Dispute Resolution (ADR) is a medium of resolving dispute outside the formal legal system. There is a long and old tradition in India encouraging resolution of disputes informally, wherein disputes are referred to third parties. The ADR mechanism consists of negotiation, conciliation, mediation, arbitration and an array of other hybrid procedures. ADR has witnessed phenomenal growth over the past several years to include many areas in addition to the resolution of traditional commercial dispute through mediation, as a significant first step towards the development of this process.
One of the fundamental factors that has affected the process of economic globalization is the improvements in the technology of transportation and communications. This has reduced the costs of transporting goods, services, and factors of production and of communicating economically useful knowledge and technology. There is no doubt that advances in information and communications technology are the most important technological advances of the past quarter century (Mussa, 2000). By far, the most important and business altering advancement is the internet. There is evidence everywhere that the internet has greatly affected international trade. The internet has opened up the world, and brought it right into everyone's home and business. In addition, technology and the internet have greatly reduced the costs of doing business. Even the smallest operation can now go global via the internet at almost no cost. However, there are still some problems that face these e-commerce activities. These problems are shot-term challenges and can be met. The key issues center around two areas:
Conflicts and disputes are one of the major aspects in society that need to be dealt with on a regular basis. When these conflicts and disputes arise in the workforce, at home, in an institute, or/and in public, there needs to be some form of resolution in order to resolve and maintain a peaceful environment. Conflicts are a part of a healthy relationship, however at times, these conflicts need to be resolved using a conflict resolution process. Although there are several processes that can be used to solve conflicts, mediation and advocacy are two of the most common conflict resolution processes that can be utilized to come to a harmonious conclusion or resolution. Even though mediation and advocacy may seem to fall under the same category, these two are individually and specifically used for certain problematic scenarios as they both uniquely utilize distinctive skills and steps.