The European Commission adopted its first report on the functioning of the Online Dispute Resolution (ODR) platform.
The Memorandum of Understanding of Complaints Handling has been concluded between the National Consumer Affairs Center of Japan (NCAC) and ODR Latinoamerica based in the Argentine Republic.
Mr. Tsuneo Matsumoto, President of NCAC and Prof. Alberto Elisavetsky, Owner of ODR Latinoamerica signed the MOU. The MOU shall be effective as of January 1, 2018.
ODR Latinoamerica is a private non-profit social network, dedicated to provide in Spanish and Portuguese speaking countries, online dispute resolution training and services since 2006 and teaching mediators in the use of new information and communication technologies applied to conflicts resolution, with coverage in most of the Latin American countries and in Spain, advising supreme courts and ministries of justice in Argentina, Mexico and Brazil in relation to the development of this new disciplinary field.
Based on the MOU, NCAC and ODR Latinoamerica will make cooperative efforts to solve problems faced by consumers in transactions between Japan and Latin America* or Spain (i.e. problems encountered between Japanese consumers and Latin American or Spanish businesses as well as those between Latin American or Spanish consumers and Japanese businesses), for example, troubles associated with international travels, cross-border online shopping, etc.
NCAC will keep working for resolution of cross border consumer disputes in cooperation with consumer organizations in other countries.
- * Argentina, Chili, Uruguay, Paraguay, Bolivia, Brazil, Peru, Columbia, Venezuela, Costa Rica, Mexico
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María Gabriela Sánchez García
Magistrate of the Supreme Tribunal of Justice of the State of Sinaloa, Mexico
Has been recognized by ODR Latinoamerica with the IMPULSORES AWARD 2017.
In merit of the contributions made for the promotion and spreading of the New Technologies of Information and Communication for the Construction of Peace in the Digital Era.
THANK YOUR FOR YOUR COMMITMENT AND FOR THE STRENGHT LENT DURING THIS 2017
ODR Latinoamerica thanks all the colleagues that have accompany during this 2017 the spreding of the peaceful methods of conflict resolution through the use of new Technologies of Information and Communication.
The Impulsores Award and the Friends of ODR Latinoamerica Awards seek to highlight the contributions and efforts that made a sustancial difference for the purposes mentioned. THANK YOU!
PLEASE NOTE THE NEW DATES: NOVEMBER 14-15, 2018
The New Zealand Centre for ICT Law, in the School of Law at Auckland University, will host the 18th ODR Forum, on 14th and 15 November, 2018. Join your international colleagues in Auckland – consistently voted one of the world’s top ten “livable” cities – to explore current developments in the rapidly evolving world of digital platforms, portals, networks and courts.
The two key themes for the 2018 Forum are Innovation and Impact. The first, which will be the focus for presentations on the 14th November, will explore updates and developments in the world of taking dispute and justice systems online. The second theme, for the 15th, will address some of the challenges and critical questions that arise through moving beyond innovation into the disruptions that digital justice can create. This “impact” discussion may show that these can be ambivalent developments, in both fostering access to legal and other resources, and challenging other norms.
Central to the discussion at this Forum will be a comparative survey of recent developments in online courts and tribunals, underscoring the central role of digital technologies in the ongoing evolution of legal systems and access to justice. These developments also reinforce the ‘maturation’ of ODR beyond what might have been seen as a digital variant of ADR.
To learn more, just visit the conference website.
November 6-9, 2017 | MEXICO
The State of Nuevo León and the Council of the Judicature invite you to the Week of Mediation 2017. The event will be hosted in the Auditory of the Superior Tribunal of Justice. In order to assist to the event it’s necessary to complete the pre-registration.
Alberto Elisavetsky, Director ODR Latinoamerica, will participate with the conference “Competences of the XXIst Century Mediator” on Monday 6 at 17:45 hr, and the workshop “Conflict Resolution through new technologies of information and communication” on Tuesday 7 and Wednesday 8 from 09:00 to 15:00 hs.
The Supreme Court of Justice of the State of Sinaloa, Mexico, and the Western University, organized a serie of conferences called “Alternative Methods of Conflict Resolution”. I had the honor to be invited as a speaker on the subject of distance mediation and access to justice to talk, among other things, about ODR Latinoamerica and the development of the MEL project in the City of Buenos Aires.
Registrations are currently open!
Innovation for justice–ODR Style! A creative new app will offer much needed increased access to justice for refugees: ODR 4 Refugees. Designed by ODREurope, it will provide access to multilingual and culturally relevant online mediation services via smartphone technology. ODREurope’s press release states: “We have been monitoring the refugee crisis in Greece for the past two years and we have noticed that refugees had no access to dispute resolution mechanisms but they all had third generation smartphones…Therefore, we thought that smartphones could be the ‘fourth’ party in offering refugees online dispute resolution services…the app is easy to use and has several great features as well.” Institutions, companies, and individuals are welcome to donate to assist in the cost of development.
The Asia Pacific Mediation Forum will be taking place from November 11-13, 2017 in Da Nang, Vietnam. It promises to be an incredible gathering with speakers in a wide variety of areas — with more than 10 sessions alone on ODR.
We hope you can join us!
Learn more at https://apmf2017.mediation.vn/
Interesting piece forthcoming in the Floria State Law Review by C. Steven Bradford of the University of Nebraska College of Law, focused on the use of online arbitration to handle disputes arising from fraud in crowd funding websites like Kickstarter and Gofundme. From the abstract:
“Arbitration is cheaper, but even ordinary arbitration will often be too expensive for the small amounts invested in crowdfunding. In this article, I attempt to design a simplified, cost-effective arbitration remedy to deal with crowdfunding fraud. The arbitration remedy should be unilateral; crowdfunding issuers should be obligated to arbitrate, but not investors. Crowdfunding arbitration should be online, with the parties limited to written submissions. But it should be public, and arbitrators should be required to publish their findings. The arbitrators should be experts on both crowdfunding and securities law, and they should take an active, inquisitorial role in developing the evidence. Finally, all of the investors in an offering should be able to consolidate their claims into an arbitration class action.”
The Indian Law Ministry has issued a statement urging government agencies to use fast track dispute resolution to work through the backlog of court cases awaiting resolution. From The Times of India:
“NEW DELHI: The law ministry has asked government departments to go for online arbitration to fast track dispute resolution… ‘Presently there are more than three crore cases pending in various courts of the country and 46% of these involve government departments or government bodies. Hence, the department of justice is keen to explore options for government departments for settlement of their disputes through alternate methods,’ the ministry has said.
To cut litigation, ministries have been advised not to go to court for their disputes and instead opt for arbitration. ‘This may help courts to concentrate on access to justice to people in better manner,’ the ministry noted. Many of these agencies provide services of retired judges, senior advocates, chartered accountants, retired civil servants for mediation. Providing a list of such agencies on its website, the law ministry has said the departments may select from them according to their choice and can use their services which will ‘help to a great extent in reducing government litigations’.”