Introduction

This chapter looks at online forms of mediation and arbitration and variants of the main forms of ADR and how they have been transformed by ODR. This chapter essentially focuses on the online dimension of extra-judicial dispute resolution, defining the meaning of the phrase ‘online dispute resolution’ and its significance for the fair resolution of Internet disputes. This chapter explains the different forms of ODR and the technology currently being used or developed for dispute resolution. Its main argument is that ODR is more than mere online ADR. The technology has a transforming effect – it makes dispute resolution for Internet disputes more effective and hence more accessible, thus contributing to fairness.

Definition of ODR

The adjective ‘online’ refers to the use of computer and Internet technology, best described by the phrase ‘information and communications technology’ (ICT). ODR is therefore dispute resolution carried out by combining the information processing powers of computers with the networked communication facilities of the Internet. For the purposes of this book, the following simple and short definition is proposed: ‘ODR is a collective noun for dispute resolution techniques outside the courts using ICT and, in particular, Internet applications.’