Novo Justice Blog by Colin Rule
“Shifting the Dispute Resolution Paradigm
The Commission’s proposal represents a bold statement on the need for an accessible, well-designed and integrated system for resolving consumer disputes in the EU. If implemented successfully, it could lead to significant new dispute resolution options and other trust building mechanisms for consumers and traders and, in turn, more consumer-driven economic activity across the EU’s single market.
For the ADR and ODR communities, it will almost certainly prove to be one of the bigger developments in recent years. It could also serve to precipitate a transformation of ADR from its process-reliant, principled model into a faster, simpler and more results-oriented variant specifically designed for low-value consumer transactions.
It will also provide a fertile testing ground for the theory that technology-facilitated ADR, commonly known as ODR, will become the next wave in dispute resolution. If any tensions should emerge between these (at times) divergent approaches, they will not last long given the pace of technology. As we continue to become more dependent on IT and the Internet for all things, including commerce, the development of technology-based dispute resolution processes is inevitable.
For consumers, increased access to ADR will also inevitably prove to be a benefit. For the EU, the proposal will bring ADR and ODR to consumers in the short term. It should also precipitate larger scale justice transformation towards non-court, technology supported and user-focused dispute-resolution processes in the long term. Indeed, technology is well placed to be the catalyst to bring about this badly needed transformation. If the Commission’s proposal stays on track, this change will now formally be under way in the EU.”
Here’s my favorite quote: “As we continue to become more dependent on IT and the Internet for all things, including commerce, the development of technology-based dispute resolution processes is inevitable.”
Thanks, Darin, for summarizing recent developments so well. I’m going to send this to a lot of people!
This article first appeared on the Disputing Blog, here. Attorney Paul Bennett Marrow, member of the American Arbitration Association’s Commercial Panel and Domestic Arbitration instructor at New York Law School, Mansi Karol, Director of...By Beth Graham