Publication details
Vymahatelnost práva pomocí online řešení sporů
| Title in English | Enforcement of Law Through Online Dispute Resolution |
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| Authors | |
| Year of publication | 2020 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
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| Description | This monograph focuses on law enforcement through online dispute resolution. The pragmatic reason for the emergence of online dispute resolution (ODR) was mainly the absence of adequate ways to resolve disputes in the online environment, as state mechanisms failed to respond appropriately to such disputes. However, the gradual development of ODR has provided tools that are not only applicable in the area of out-of-court dispute resolution and are not only used to resolve disputes arising in the online environment. The monograph in the introduction defines the concept of ODR and its specifics, as well as the tools it uses. The next part focuses on the comparison of the Czech legal order and the legal order of England and Wales due to their different approaches to extra-judicial ODR. The international ODR legislation is also briefly discussed here. Then, three selected ODR providers are analyzed and criticized (EU regime, domain name dispute settlement and eBay dispute settlement). Finally, the possibilities of linking out-of-court ODR with judicial mechanisms to increase the overall effectiveness of dispute resolution (not only) in the online environment are analysed and the emergence of online courts based on experience from the use of ODR and application tools and methods in online out-of-court settlement are discussed. The main goal of the monograph is to determine the basic parameters that will be used to assess the proper functioning of selected ODR providers. These parameters should identify the essential components of the ODR. Their evaluation at the end of the monograph should serve as inspiration on how to properly set up an effective ODR system and how to construct it. A partial goal is the final consideration of the future of ODR in judicial decision-making and the use of online courts. |