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25875030.pdf - Advances in Engineering Research, volume 129...

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Study on the Online Dispute Resolution System in ChinaZhengmin Lu1, a,Xinyu Zhu1, b1Law schoolXiamen University, No. 422, Siming South Road, Xiamen, Fujian, Chinaa[email protected],b[email protected]Keywords:ODR; ODR platform; trust problem; access challengeAbstract.The development of internet leads the innovation of the dispute resolution. As theinnovative achievements under the strategy of “Internet+”, online dispute resolution (ODR) isincreasingly applied to the resolution of the disputes. Since ODR are cheap, convenient and flexible,it seems appealing to potential users. However, the ODR system in China has many shortcomings.Therefore, it is crucial to construct the ODR mechanism according to the advanced experienceoverseas on one hand, and China’s national conditions on the other.IntroductionThe Definition of ODRGenerally speaking,ODR (Online Dispute Resolution),which uses many modern informationtechnologies,such as the technology of electronic information transmission,online video conferencetechnology and online audio technology, is a new way to handle civil disputes. According to theCross-border E-commerce Dispute Settlement Procedure drafted by the United NationsCommission on International Trade Law,the definition about ODR is a dispute settlementmechanism with the aid of electronic communications and other information technology.[1]Thus,ODR is mainly divided into five types,including online negotiation,online mediation,onlinearbitration,online complaints and online trial.The Development of ODR in Foreign CountriesThe history of ODR is only 30 years,and the first three pilot programs in US are VirtualArbitration Program,Online Mediation Program in Maryland University and Online AppealProgram in Massachusetts University. After a period of running,ODR is considered to be aneffective means of dispute resolution. Nowadays, ODR is accepted by people around the world. Inaccordance with the latest statistics,there are more than 100 websites that provide ODR service. Inthe initial development stage,the main field that ODR applied to was the e-commerce disputebetween online sellers and online customers. With the mature of some relevant technologies,theapplicable scope of ODR extended from online disputes to the offline disputes. For example,thescope of American Arbitration Association (AAA) online arbitration covers business disputes,labordisputes,disputes caused by hurricane insurance,and so on.[2]In addition to the cases in US,EU isalso devoted to establishing a unified ODR platform for EU members, in order to promote thedevelopment of e-commerce industry and enhance consumers’ confidence in e-commerce. OnMarch 12,2013,European Parliament and European Council enacted the regulations about6th International Conference on Energy, Environment and Sustainable Development (ICEESD 2017)Copyright © 2017, the Authors. Published by Atlantis Press.

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