The Options and Challenges of Online Alternative Dispute Resolution

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Kötet címe (évfolyam száma)
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Absztrakt

The thesis explores the evolving landscape of online alternative dispute resolution, with a particular focus on the digitisation of arbitration, conciliation and mediation within European and Hungarian legal frameworks. As digital technologies become increasingly prevalent and commerce and legal practice undergo transformation, online alternative dispute resolution emerges as a timely and necessary alternative to traditional court procedures. The research aims to analyse the mechanisms through which online alternative dispute resolution operates, examine its legal foundations, assess its practical implementation and evaluate its potential, particularly in light of the recent discontinuation of the EU’s official Online Dispute Resolution platform and the emerging role of artificial intelligence.

Through an examination of the unique features, legal ramifications, and technological prerequisites of online arbitration, conciliation, and mediation, this thesis provides a comparative analysis that highlights the strengths and limitations of each method. Online arbitration, with its binding decisions, offers efficiency but raises concerns about enforceability and the role of AI arbitrators. Online conciliation, particularly in consumer disputes, offers structured yet flexible resolutions; however, its application is limited by procedural and legal constraints. Online mediation emphasises personal interaction and flexibility, but requires new communication skills and raises ethical considerations in a virtual environment.

By combining doctrinal research with policy analysis and empirical insights, particularly from Hungary’s national experience, this study contributes to the broader discourse on digital justice and proposes concrete recommendations for enhancing the accessibility, transparency and effectiveness of alternative dispute resolution systems across Europe.

Leírás
Kulcsszavak
Online Alternative Dispute Resolution
Forrás
Gyűjtemények