Abstract
This article examines Online Dispute Resolution (ODR) by analyzing its primary components (i.e., e-mediation and e-negotiation) and then applying that analysis to the implementation of ODR systems in Brazil. The authors believe that the implementation of ODR in Brazil will be challenging due to legislative constraints and a prevailing pro-litigation sentiment, which is widely perceived as the default resolution option. However, the authors contend that by systematically demonstrating the benefits of ODR and sharing best practices gleaned from other countries, ODR will slowly take root in Brazil, eventually becoming the preferred option for resolving low value civil disputes.
Highlights
The authors believe that the implementation of Online Dispute Resolution (ODR) in Brazil will be challenging due to legislative constraints and a prevailing pro-litigation sentiment, which is widely perceived as the default resolution option
Official legal statistics supplied by the National Justice Council5 - CNJ shows with numbers[6] what millions of citizens who are waiting for their legal cases to be decided by the courts already know: the Brazilian state court system is facing a crisis[7]
One may say that Brazil presents a quite promising environment for the development and exploration of ODR
Summary
Official legal statistics supplied by the National Justice Council5 - CNJ shows with numbers[6] what millions of citizens who are waiting for their legal cases to be decided by the courts already know: the Brazilian state court system is facing a crisis[7]. In 2015, the Law of Mediation was introduced (Lei 13,140/2015) and the enforcement reach of the Law of Arbitration (13,129/2015) was expanded[11] These legislative reforms, aimed at increasing the efficiency of the Brazilian Justice System, culminated with the introduction of a New Civil Process Code, NCPC (Lei 13,105/2015). The 46th paragraph of the aforementioned Law of Mediation (Lei 13,140/2015) authorized private mediators and companies to utilize ODR both in judicial and extrajudicial channels This reform aimed at enabling the private sector to contribute to the overcoming of the challenges related to the access to justice in Brazil. These initiatives have been successful in promoting the development of ODR in the country. Part III details the challenges that Brazil faces moving forward in the use of Internet and information technology to expand access to justice
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