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Online Dispute Resolution in Latin America

by Gabriela Szlak
May 2013

This chapter is from "Online Dispute Resolution Theory and Practice," Mohamed Abdel Wahab, Ethan Katsh & Daniel Rainey ( Eds.), published, sold and distributed by Eleven International Publishing. The Hague, Netherlands at: www.elevenpub.com.

Gabriela Szlak
How is the Latin American region dealing with disputes in the justice system? What are the prospects for ICT and the development of Digital Economy in the Latin American region? Is the region ready for ODR? What about its readiness for a Global ODR system for cross border e-commerce?

This chapter poses some answers to these questions, suggests some other possibilities, and poses several more questions for further discussion.

First, this chapter offers a brief overview regarding the justice systems in Latin America and the need for reform. Transformation in the region begins with ICT reforms, which aim to forge a more efficient and effective justice system. But this transformation comes hand-in-glove with ADR reforms, which aim to diversify the way in which disputes are addressed, from a competitive model into a cooperative and peaceful approach.

Second, this chapter offers a readiness-for-ODR analysis, in which the regional challenges, opportunities and particularities are pointed out and briefly analyzed. The focus of attention in this section will be ODR for the Digital Economy in Latin America.

While the first and second sections mentioned above provide the context in which ODR is gradually finding its way to emerge, the third section analyzes ODR experiences and regional programs in action, followed by final thoughts regarding a promising future for ODR in Latin America.




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szlak.pdf Online Dispute Resolution in Latin America  (szlak.pdf)

Biography


Gabriela Szlak is Director of the ODR Regional Program for the Digital Economy at the Latin American eCommerce Institute – ILCE, Consultant at eConfianza.org, a regional Trust Seal for eCommerce and at Mercosur Digital. She is an international speaker and author of articles and international observer at UNCITRAL WGIII on ODR. She is an ICT and Business Lawyer and a Prejudicial Mediator (Ministry of Justice) at Estudio ROSZ. She graduated as Lawyer with honours (University of Buenos Aires, Faculty of Law) and has postgraduate studies in eBusiness Management (Georgetown/USAL) and in Dispute Resolution. She lives in Buenos Aires, Argentina.



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