Roberta Regazzoni Milan Chamber of Arbitration European day of Civil Justice Ljubljana, 25 th October.

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Presentation transcript:

Roberta Regazzoni Milan Chamber of Arbitration European day of Civil Justice Ljubljana, 25 th October 2010 RisolviOnline Project

RisolviOnline = Online Dispute Resolution (ODR) Definition: Partial or total online management of disputes arised in online or offline context

RisolviOnline is a public and institutional service January 2002 B2B, B2C, P2P commercial disputes generated online and offline Worldwide regardless of the economic value of the dispute and the nationality of the parties involved

RisolviOnline is designed on a model which refers to mediation third neutral’s role is: To assist parties in the process To encourage a mutual collaboration It’s text-based

PROS Suitable for: Transnational and Internet disputes (fast (?), cost effective, no jurisdictional issues)

CONS Suitable only for those who are familiar with this tool and can easily write The mediator has to cope with the lack of important clues like paraverbal and body language

What about results? 1 case up to 6 directly solved by the secretariat Less than 10% of the mediation requests turns into mediation proceedings 740 pertinent cases up to September 2010 in total (120 since Jan 2010) 80% B2C

mid 2008 “European Network” pilot project Trend : fast increase of international online mediation requests (more than a half of the total) EU Directive (52/2008) on commercial mediation (cross-border commercial disputes) Businesses and European Consumers Centres (ECCs) started showing interest on online mediation

– Rules, How it works, Code of Conduct, Fees - Are translated in 23 languages

We provide mediators from European and extra-European countries

Forum (bulletin board) – the asynchronous communication tool. Each time a message is left on the forum by one of the players, an alert is sent automatically to the others. It’s possible to have caucuses (PM) Chat – the real time communication tool The mediator has to connect for first in order to open the chatroom to the parties. It’s possible to have caucuses

Fees The fees of the service are related to the economic value of the dispute. The minimum is 25 Euro (for each party involved) for a dispute under 500 Euro The fees are due only if the other party agrees to enter the mediation proceedings

CLAUSE Mediation can be activated also in absence of a clause in the contract Still, about 250 websites included the Risolvionline.com clause in their terms of contract

Q&A