A Study Of Online Dispute Resolution

Online dispute resolution has fully adapted to fast and frequent online activities,particularly the most vibrate entity---E-Commerce.Currently. Mass of people in our country know nothing about ODR, the constructing of ODR in the state level has not been mentioned yet. However, ODR have been developed well in USA and European Union, in which ODR constructing has been pulled up to a status of national strategies. In our country,our legislation of E-Commerce has lagged behind, let alone the resolution system of the disputes arise from the E-Commerce.In my perspective of view, dispute resolution online is a inevitable demand while the application of internet to our economy and life, since the constructing of ODR is a mission which our government need to be responsible for.We should be prepared when faced with challenges.A better understanding of ODR is a prerequisite for us to introduce and constructing of it.About what ODR is, this paper has present two perspectives. After a brief introduce of the definition and types and characteristics of ODR, special focus has been on the core of ODR---- "the Fourth Party",serve as the technological party to replace and assist the traditional “Third Party” which comprised with information and communications tools.At the same time, in compare with other dispute resolutions, what the advantages ODR has and what challenges faced with ODR when develop. On the constructing of ODR,this paper mainly have a research on the experiences of the European Union, including particularly it’s the adoption of Regulation(EU) No 542/2013,from which to extract the revelations to our constructing process.The constructing of ODR in our country is a staged process. Firstly the legal system need to be complemented, of which the law of E-Commerce pave the road to the constructing of ODR, especially stressed. Secondly, the constructing of ODR should build on the basis of the operational experience of the current online entities, to realize the goal through the improvement of impartiality of them. Ultimately, forming normal resolution of the online dispute as an end.