The settlement of disputes through Online Dispute Resolution (ODR): A literature review
List of Authors
  • Nor ‘Adha Abdul Hamid , Tuan Nurhafiza Raja Abdul Aziz

Keyword
  • Access to Justice, Fairness, Alternative Dispute Resolution, Online Dispute Resolution

Abstract
  • The modern world is moving fast and requires all disputes to be solved quickly and delays bring a loss to the parties involved. Every individual wants all disputes involving them are solved immediately without inhibiting their activities. Developments and advancement of ICT nowadays has led to high increase of using online system. The introduction of Online Dispute Resolution (ODR) a few decades ago in developing countries aims to expand access to justice and provide fast and fair resolutions to disputants. ODR is an outgrowth from the Alternative Dispute Resolution (ADR) field, which is focused on face-to-face dispute resolution practice. ODR first emerged in the late 1990s as a means of resolving disputing regarding purchases conducted over the Internet. Since that time, a few countries have already recognized and practiced ODR as a dispute resolution. Therefore, this research aims to study the concept of online dispute resolution and how the fairness can be applied through this method. This research uses qualitative method, adopts a library-based research, and applies the method of literature review through content analysis of documents. The literature highlights the opinions and views of researchers who have raised the topic and issues in the study. Hence, the analysis used was based on the content analysis especially previous academic studies conducted on the settlement of disputes through Online Dispute Resolution (ODR). The findings of these studies show that ODR is often discussed in relation to access to justice which provides for a timely resolution and also effective remedies at reasonable cost, and even ODR can prove to be successful, it will however could not completely replace litigation and somehow rather both compliments each other.

Reference
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