Online Dispute Resolution (ODR): Ethical Standards in Cyberspace

Abstract

Based on the increase in demands for access to justice by more and more numerous actors in our societies, different Alternative Conflict Resolution Mechanisms (MASC) have been created and developed to decongest the judicial apparatus and satisfy this need for access prompt justice through modern and effective tools. The increase in legal and economic relations outside the national spatial framework as a result of globalization, the advancement of technologies and the development of electronic commerce, has made it necessary to create systems that allow the resolution of controversies that arise in cyberspace such as Online Disputes. Resolution (ODR) —object of study of this research—. This note analyzes the most important tools that resolve disputes through new technologies through online work in virtuality, reviewing in a first section its structure and in another the particularities of mediation and arbitration. Likewise, it carries out a critical review of the main ethical dilemmas faced by the administrators of these platforms and the parties during each of the stages subjected to ODR, and finally proposes some legal recommendations on how to enhance the use of ODR by responding to said dilemmas ethical.