South Carolina Law Review
January 1, 2016
This paper provides an overview of Online Dispute Resolution (ODR), which emerged from Alternative Dispute Resolution (ADR), in the private sector. This paper discusses the application of information and communications technology in preventing, tackling, and solving disputes. With the expansion of artificial intelligence, technologies, and subsequently ODR, the field of dispute resolution has been revolutionized.
The paper analyzes the current and future of Online Dispute Resolution (ODR) by looking at three examples. ODR’s first venture was the online auction site eBay, which manages around 60 million disputes a year. The second example presents online domain name disputes. Knowing that domain names may be as valuable as a trademark, a domain name management system had to be installed. By looking at studies concerning arbitration entities, the paper analyzes the success of that system in complying with the three above-stated criteria. The third example concerns applying ODR within property tax assessment appeals. The paper discusses some of the challenges that face ODR, as well as opportunities for further research.
Important findings from this study include:
- “There are likely more than 700 million eCommerce disputes each year, growing to more than a billion disputes per year in 2017” (p. 334).
- eBay’s ODR system is effective in terms of the three research criteria. “The few clicks necessary to file a complaint enhances convenience, the capability to analyze data, extract information not previously accessible, and use that data to improve the user experience provides a kind of expertise not possible with systems relying on human labor” (p. 335).
- Statistics show that both domain name arbitration organizations rule in favor of trademark holders approximately 85 percent of the time (p. 336).
- “The domain name process has been a success in terms of convenience. It is much less expensive than going to court and decisions are usually made in fewer than forty days. Questions of fairness, however, are still present” (p. 337).
- After four years of launching an ODR system for property tax appeals in the Canadian province of British Columbia, the Property Appeals Assessment Board reported a 10 percent increase of amicable resolution rate in comparison to the one achieved by teleconference the year before (p. 338)
Geographic coverage, US: NATIONAL
How Provided: Technology
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