Research On Online Dispute Resolution

With the development of Internet and E-commerce, a mass of online disputes appear. To solve the problem, we need a new way of coping with the matters: Online Disputes Resolution(ODR), which can reduce the cost of solving online disputes, work 24 hours a day and 7 days a week, and no limitation of time & distance. This dissertation is on Online Disputes Resolution. It introduces the development of ODR both overseas and domestic, provides the fundamental basis for ODR, compares online negotiation or settlement, online mediation and online arbitration. In the end, author put foreword the issues and countermeasures on ODR. This dissertation consists of 3 parts of 4 chapters, about 40,000 words.The introduction part mainly educes the topic of the dissertation by a fictional dialogue.Chapter 1 proposes the summarizing of Online Disputes Resolution, introduces the background of ODR, expounds the meanings of Online Disputes & ODR, and looks back the development history of ODR.Chapter 2 introduces the fundamental basis for ODR, which involves the basic theories and principles of civil procedural law: Procedural Subject Right of the Clients, the Right of Choice of Civil Procedure, the Disposition right of Civil Procedure, cost pro rata and protection of the procedural interest.Chapter 3 introduces the main services, characteristic and procedure of ODR. By classifying of the services of ODR, author traverses the characteristic of ODR and compare the procedure of online negotiation or settlement, online mediation and online arbitration. By contrast, author found the difference between those services mentioned above.Chapter 4 focused on the main issues, countermeasures and expectations on ODR. There are many issues such as due process, electronic standard contract, electronic delivery, online arbitration, funding mechanisms, internet security and so on. In the end, author discusses many issues, countermeasures and expectations on establishing Chinese ODR. Author forecast that the future development of ODR maybe towards three ways: the establishment of trust-mark system or web seals, combination of Artificial Intelligence with ODR and supervision & support by government or court.The conclusion part summarizes the dissertation.