Research On Online Dispute Resolution Mechanism

With the rise of the Internet economy,great changes have taken place in social business models,e-commerce to flourish,has facilitated our daily life,also puts forward new challenge's to our country civil remedy system.While the traditional civil dispute settlement system has been overloaded to solve the traditional disputes,the new civil disputes in cyberspace have attracted the attention of the public due to their large number and small amount of money involved.Such disputes also make the public put forward new demands on the cost and efficiency of dispute resolution.In this context,the online dispute resolution mechanism should be born with the trend of The Times.Local research and practice of Online Dispute Resolution(Hereafter referred to as ODR)have been carried out in various places in order to conform to the current wave of e-commerce transactions on the Internet and explore the way for the construction of localized Online Dispute Resolution mechanism.This paper takes the key words of online dispute resolution mechanism as the entry point.The first part introduces the ODR mechanism from the three main typ es of online negotiation,online mediation and online arbitration as well as their breakthrough values of peace,low cost and fast.The second part reviews the existing ODR dilemma in China based on the ODR construction in Zhejiang Province.It not only summarizes the advantages of ODR in Zhejiang province in order to promote the whole country,but also reflects comprehensively on the platform construction subject,obstacles related to substantive law and procedural law,supporting measures,implementation and promotion.The third part focuses on the extraterritorial ODR practices mainly in Europe and The United States,compares and classifies the specific procedural norms involved,and summarizes the corresponding inspirations matching the legal value concepts and the current situation of disputes in China.The fourth part explores and analyzes the optimization of China's ODR in the future.Starting from the creation and improvement of laws,the localization design of China's ODR system is carried out with supporting systems and technical support.This paper focuses on the practice of ODR platform in Zhejiang Province as the research base point,and puts forward corresponding Suggestions for its construction of a national unified ODR platform.