The meaning of ODR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropr...
The meaning of ODR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently ODR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in ODR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, ODR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future.
Accordingly, the following points must be focused on for the continuous expansion and development of ODR.
First, in the legal and institutional aspects for the development of ODR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of ODR, which utilizes electronic communication means. However, it is too early to establish a separate law for ODR because ODR must develop based on the theoretical system of ADR.
Second, although ODR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, ODR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply ODR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, ODR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing ODR system.
Third, the application of ODR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through ODR, and 115 ODR sites are in operation throughout the world. Thus ODR requires not temporary but continuous attention, and mediators and arbitrators participating in ODR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish ODR model and these projects should be supported by comprehensive researches on mediation, arbitration and ODR.
Fourth, what is most important in the continuous development and expansion of ODR is to secure confidence in ODR and advertise ODR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in ODR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting ODR so that parties involved in disputes recognize the substantial contribution of ODR to dispute resolution.
Lastly, dispute resolution through ODR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. ODR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.