Published October 30, 2022 | Version v1
Book chapter Open

Common law runs, while civil law walks in ODR

  • 1. Vrije Universiteit Brussel & Seraphin.Legal
  • 2. Vrije Universiteit Brussel

Description

This article examines the role of online dispute resolution as valuable tool for resolving legal disputes in civil and commercial matters and the reasons why this remedy is growing at a slower speed in Europe than in the rest of the world. To this end, this paper gives an overview of the concept of ODR and the consequent new definition of access to justice. The reason for the double speed of those systems is to be identified in the specific worn out that European systems have. Indeed, this system tries to balance the privatisation of justice with fundamental rights. In the meantime, common law systems reinforce their alternative remedies, integrating them more and more with judicial mechanisms (e.g. British Columbia in Canada, Online courts in U.K.).

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Funding

European Commission
NEMESIS - NEgotiation and MEdiation Sensible Issues' Solutions 890793