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Chapter

Cover A Practical Approach to Alternative Dispute Resolution

5. Online ADR Options and ODR  

This chapter examines online alternative dispute resolution (ADR) options and online dispute resolution (ODR) options. The use of information and communication technology (ICT) in relation to all forms of dispute resolution is a major area of current development. In saving time and money in resolving disputes, ICT has much to offer, especially in relation to lower-value cases, and this is seen in the growing use of online portals and software-based support for dispute resolution. Indeed, software is already used successfully to mimic some negotiation and mediation processes, and this is likely to develop further. ODR comprises systems designed to work online that do not necessarily fit within existing ADR definitions. International and cross-border ODR is now being developed, especially to support e-commerce and deal with lower-value disputes.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

19. International Mediation  

This chapter evaluates international mediation. Mediation is particularly effective as an alternative dispute resolution (ADR) process for resolving international disputes because it enables linguistic and cultural differences to be managed and respected to a greater extent than is possible in court proceedings. Moreover, it avoids complex arguments about which court has jurisdiction to determine the dispute and which system of law applies to the dispute. The chapter then looks at the EU Directive on mediation in civil and commercial matters, which sets minimum standards for mediation in EU countries. The United Kingdom has implemented the Directive by adding to the suspension of the operation of the limitation period while the parties are attempting mediation in a cross-border dispute, and providing for mediation settlement agreements in such disputes to be made orders of the court for ease of enforcement by enabling parties to apply for a Mediation Settlement Enforcement Order (MSEO).