1. ICT AND ALTERNATIVE DISPUTE RESOLUTION Knowledge Society and the Law Alberto Fortún© Consiglio Nazionale delle Ricerche Rome, 26 April 2004

2. ICT and Alternative Dispute Resolution QUICK OVERVIEW  The evolution of Online Dispute Resolution (ODRs)  ODR providers and models  ICT requirements  Regional experiences  Challenges

3. ICT and Alternative Dispute Resolution ICT + ADR = ODR  Global economy and internet increase B2C disputes in a computer environment  Courts are unable to render appropriate remedies  ODR models attempt to replicate ADR techniques which are more flexible  On line arbitration encounters legal problems

4. ICT and Alternative Dispute Resolution ALTERNATIVE DISPUTE RESOLUTION IN THE E.U.  Recommendation of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes  Directive 2000/31/CE of June 8 on electronic commerce

5. ICT and Alternative Dispute Resolution ALTERNATIVE DISPUTE RESOLUTION IN THE E.U.  Recommendation of 4 April 2001 on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes (Consumers Protection)  Green paper on alternative dispute resolution in civil and commercial law. COM/2002/0196 final 19.04.2001 (Judicial network in civil matters)

6. ICT and Alternative Dispute Resolution ODR SERVICES (I) Arbitration (additionally, negotiation and mediation) AwardSettlement NegotiationMediation Fast track Plenary process Interaction of services

7. ICT and Alternative Dispute Resolution ODR PROVIDERS’ PRODUCTS  Automated Negotiation  Facilitated Negotiation  Negotiation support  Complaint handling  Mediation  Case appraisal  Arbitration

8. ICT and Alternative Dispute Resolution CASES

9. ICT and Alternative Dispute Resolution ICT REQUIREMENTS FOR ODR PROVIDERS  Accessibility: visible, party control, traceable, availability and timeliness, useable and affordable  Reliability: authentication, security, confidentiality

10. ICT and Alternative Dispute Resolution ICT VIRTUES  The value of the “Fourth Party” metaphor. ICT guide the user´s conduct throughout the process with model forms and checklists.  ICT provides the user with one shop stop for communication, notices, evidence and settlement of the dispute  ICT save time and money

11. ICT and Alternative Dispute Resolution ICT PITFALLS  Legal issues, particularly in online arbitration  No settled standards or centers guarantee a secure process  First time use requires time and resources  Murphy's law: ICT technologies fail more than expected.

12. ICT and Alternative Dispute Resolution EUROPE: European Commission (e-Confidence forum) The Chartered Institute of Arbitrators SITAR (Consumers National Institute of Spain) SOUTH AMERICA: National network of meditation centers and commercial arbitration. REGIONAL EXPERIENCES

13. ICT and Alternative Dispute Resolution EE.UU: Cyber Court (Michigan) Cybersettle registered with the US Patent Office the first Online ADR method ASIA 2004 ADR Act in Philippines I-CASS Cyber Arbitration Service System REGIONAL EXPERIENCES

14. ICT and Alternative Dispute Resolution Cyber Arbitration Service System

15. ICT and Alternative Dispute Resolution CHALLENGES  To achieve widespread standards for ODR technologies  To ensure access to appropriate redress and justice  To gain the user’s trust in a reliable ICT environment

16. ICT and Alternative Dispute Resolution  There is an irrefutable international trend in favor of incorporating new technologies to ADR mechanisms.  Their success will mainly depend on the market demands, the user’s confidence and the enforceability of the decisions that settle the dispute. FINAL CONSIDERATIONS