ПОНЯТИЕ И КЛЮЧЕВЫЕ ОСОБЕННОСТИ ОНЛАЙН-РАЗРЕШЕНИЯ СПОРОВ

Abstract

This article addresses the phenomenon of “Online Dispute Resolution” (ODR), which has recently become popular in both practice and the legal doctrine, and which presupposes the settlement of social conflicts with the assistance of advanced Internet technologies. It is noted that despite the existence of multiple institutions offering corresponding services (ODR providers), there is still no certainty as to the concept and the main features of ODR as a socially significant activity. The authors working in the given area express various opinions on the relationship between this institute and Alternative Dispute Resolution (ADR) or public justice, as well as the categories of cases that may be resolved in the online-mode. The present article is based on the previous experience of national and foreign researchers, offering its own definition of the ODR institute and establishing the necessity of its existence as an independent mechanism of private parties’ disputes resolution. In conclusion, the authors conclude that ODR will develop further. Already now there is a noticeable interest in it by individual states and the world community as a whole. All the necessary technologies for its practical implementation are already available. Only the legal regulation of this institute is lagging behind. The latter, despite the predominant private-legal and informal nature of ODR procedures, is extremely important, because the relevant activity cannot be carried out in a legal vacuum, without proper guarantees for the participants of a dispute and formal requirements for the procedure of conducting proceedings and its final decision.