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Dispute Resolution and Arbitration Commons™
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Full-Text Articles in Dispute Resolution and Arbitration
There's An "App" For That: Developing Online Dispute Resolution To Empower Economic Development, Amy J. Schmitz
There's An "App" For That: Developing Online Dispute Resolution To Empower Economic Development, Amy J. Schmitz
Faculty Publications
Traditionally, litigation has been the norm for resolving disputes. It takes place in a public forum and face-to-face. In a global economy, however, such public and face-to-face dispute resolution is not feasible. This is especially true with cross-border purchases through e-commerce. E-commerce requires more efficient and less litigious remedy systems that allow consumers to obtain remedies on their purchases without the cost and travel associated with traditional face-to-face procedures. This has led to development of online dispute resolution (“ODR”) processes, especially with respect to business-to-consumer contracts. Accordingly, scholarship and policy papers have advanced ODR for the benefit of consumers. What …
A Blueprint For Online Dispute Resolution System Design, Amy J. Schmitz
A Blueprint For Online Dispute Resolution System Design, Amy J. Schmitz
Faculty Publications
A great deal of discussion focuses on how arbitration and similar private dispute resolution harms consumers, and how businesses seek ways to avoid helping consumers. It is often assumed that companies and consumers are on opposing “teams.” In reality, however, consumers and companies enjoy more commonalities than contradictions. Both benefit when deals go well and disputes are resolved quickly and cheaply. The problem is that face-to-face dispute resolution can be costly in terms of time and money. Furthermore, getting lawyers involved may inspire gamesmanship and adversarial antics aimed to protect one’s reputation for staying “strong” and refusing to settle or …
Justice Beyond Dispute, Mary Anne Franks