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This is not another book about online dispute resolution (ODR). Rather, it is about how various information technology (IT) solutions may be put to good use in traditional arbitral proceedings. For arbitration professionals, be they arbitrators or counsel, this book brings the landscape of this changed practice into clear focus, dispersing mists of confusion and clarifying the choices they will inevitably be called upon to make.
The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.
In this original and highly useful resource, Colin Rule—a pioneer in the field of online dispute resolution (ODR)—shows how ODR can be used to resolve conflicts which inevitably arise both online and offline in business and commerce. Based on exclusive research and up-to-date best practices, Online Dispute Resolution for Business presents expert advice on how ODR can save time and money, offering timely suggestions and proven approaches for resolving business related conflicts online.
Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management
Alternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.
Digital advancements are changing the face of international dispute resolution. This book examines the impact of digitalization and new technologies on international arbitration, discussing both advantages and challenges. It seeks to answer the question of whether international law in the field of international commercial arbitration is keeping pace with technological change. It takes a fresh look at issues that have recently emerged in the international arbitration landscape by focusing on the innovative use of artificial intelligence, particularly in relation to blockchain and ODR. Against this background, the Chinese solutions are worth analyzing and watching.
This timely publication analyses the results of a survey carried out by WIPO, with the financial support of the Ministry of Culture, Sports and Tourism of the Republic of Korea (MCST), on the current use of alternative dispute resolution (ADR) mechanisms to handle business-to-business disputes related to digital copyright and digital content. Drawing on more than 1,000 responses from a wide range of stakeholders in 129 countries, the report is a unique source of information on which to base the development of tailored ADR mechanisms.
This is an open access book.Changes in law either from the meaning of normative substance, institutional, and legal culture are inevitably in line with the dynamics within various sectors of life society. Therefore, it is necessary to thoroughly discuss and analyze which sectors may have a significant impact on the business world and society today. By discussing comprehensively, comparatively and collaboratively, it is hoped that legal issues can be seen from various perspectives in the legal and social fields by finding fundamental problems in depth related to several topics of discussion, including in the telematics legal sector, natural resource management law, business legal culture, as well as the tourism sector. For this reason, APPTHI held a series of conferences in 3 cities to discuss and make it a meeting place for world law experts with law lecturers throughout Indonesia and invited lecturers from various countries, such as South Korea, India, Malaysia and Europe to take a part in this conference. The 1st APPTHI International Conference on Changing of Law (the series) is the first international conference series held in Indonesia by the Association of Indonesian Law College Leaders (APPTHI), inviting several legal experts from countries such as the USA, the Netherlands, Korea, Malaysia, India, as well as South Korea. This activity has 3 major themes each held in several cities, namely: in Jakarta which will be held at Trisakti University on 22 July 2023 with the theme Changing of Law in the digital era, while in Makassar it will take place at the Indonesian Muslim University/UMI) on July 24 2023 with the theme Changing of Law in the Energy sector and Natural Resources Management, as well as the last series of conferences in Bali on July 26 2023 at Warmadewa University, becoming a series of academic activities that have a broad spectrum and dimension of legal knowledge with various legal perspectives such as business law, corporate law, civil law, criminal law, intellectual property law, telematics law, agrarian law, environmental law, HTN/HAN etc. This event was carried out within the framework of the first round of the APPTHI international program which will continue to be held regularly every year. This program is also a form of implementation of various forms of international cooperation in several countries such as New York University, Utrecht University, National University of Malaysia, Hankuk University, and Jawaharlal Nehru University. In this event APPTHI collaborated with the international program organizer, PASQAPRO. For the activities of The First APPTHI International Conference on Changing Law, The Series, involving campuses as co-hosts in Jakarta (hosted by Trisakti University), including: Jakarta Islamic University, Universitas Suryakancana, cianjur, Lampung Mitra University, Palembang Law School STIHPADA, Islamic University Jakarta, Muhamadiyah University Jakarta, YARSI University, National University, Borobudur University, while co-hosted in Makassar (Host Indonesian Muslim University): Panca Bakti University, West Kalimantan, Sawerigading University, Christian University of Paulus, Makasar, Universitas Juanda, Bogor and Seventeen August University (UNTAG) Semarang, for Bali with the host university Warmadewa, assisted by co-hosts including: Caritas College of Law, Papua. Hopefully this conference will not only be a scientific forum for APPTHI members and various foreign partner universities by providing outputs in the form of indexed proceedings and journals, but also an event that will contribute thoughts in the field of law for the Indonesian government in conducting studies on legal changes positively as well as being a think tank for the formation of state laws and policies.