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CHAPTER 3 Online arbitration procedures

Online Arbitration


Page 51

CHAPTER 3

Online arbitration procedures

3.1 The further development of general ODR regulations

Online dispute resolution (ODR) – a concept building upon alternative dispute resolution (ADR) and with the deployment of electronic communications – largely relies on traditional ADR regulations, especially in the early stage of its development. However, it is argued that ADR itself is a low governance field because in most countries ADR practitioners are often unlicensed and the ADR field is mostly unregulated. 1 In order to induce trust and promote the use of ADR, ADR is often embedded in courts where ADR divisions are monitored and regulated by courts. It is also a common practice that ADR is implanted in other wider frameworks (organisations, communities, professional organisations) that seek to hold their members to certain standards. 2 In the US the joint promulgation of Model Standards of Conduct for Mediators by the American Arbitration Association (AAA), American Bar Association (ABA) and Association for Conflict Resolution (ACR) in 2005 is a good example. 3

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