The Urgence of Establishing Online Dispute Resolution (Odr) as A Dispute Resolution of Information Technology-Based Lending and Lending Services

The urgency of establishing an online dispute resolution (ODR) as an effort to resolve disputes over information technology-based lending and borrowing services is based on the background that borrowers often fail to pay which causes losses to lenders. However, in practice, lenders cannot take legal action and accept losses which are known as the risk of default. Therefore, it is necessary to establish an Online Dispute Resolution (ODR) as a solution to solve these problems.The writing of this paper uses a normative juridical method with a statutory approach. This study uses primary, secondary, and tertiary legal materials which are analyzed qualitatively according to their relevance to research problems which are then presented in the form of exploratory and argumentative descriptive narratives.From the results of the research using the above method, the authors obtain answers to the existing problems that technology-based dispute resolution for lending and borrowing money services can be resolved through alternative dispute resolution using the Online Dispute Resolution (ODR) model

Strengthening Online Dispute Resolution Justice

This paper adopts a systems-design approach to focus courts and lawyers on the unexamined: how involving lawyers in the design, development and implementation of court-annexed online dispute resolution (ODR) programs, will strengthen their justice outcomes. The phrase “ODR programs” refers to the new menu of processes for dispute resolution and litigation offered online by courts

Foreword: Achieving Access to Justice Through ADR: Fact or Fiction?

This Symposium will offer a critical analysis of ADR’s access to justice claims and consider the extent to which they should be more modest. An outstanding group of scholars have addressed this question in a variety of contexts, including procedural and substantive justice; restorative justice; arbitration; mediation; online dispute resolution (ODR); and international, comparative, and cross-cultural perspectives

Online Dispute Resolution (ODR) and Japanese-Style Mediation

Just as Online Dispute Resolution is progressing in other countries around the world, the digitisation of Japanese-style mediation is also underway in Japan. The purpose of this article is to provide an overview of the ongoing digitalisation of Japanese-style mediation and to identify its challenges. In civil court proceedings, three distinct phases for the realisation of the system have been determined and are being systematically implemented. Mediation in domestic affairs is moving ahead to revise the system, and the realisation of its implementation is also in sight. The role of third parties in Japanese mediation differs significantly from that in Anglo-American law and elsewhere in that the role of the third party was more focused on the guardian role of the mediator than on the formation of an agreement between the parties. A characteristic feature of Japanese-style mediation is the emphasis on the role of the third-party guardian, who is the mediator. These characteristics of Japanese-style mediation are important factors to be taken into account when considering the digitalisation of mediation

ODR, ontologies, and web 2.0

Online communities and institutions create new spaces for interaction, but also open new avenues for the emergence of grievances, claims, and disputes. Consequently, online dispute resolution (ODR) procedures are core to these new online worlds. But can ODR mechanisms provide sufficient levels of reputation, trust, and enforceability for it to become mainstream? This contribution introduces the new approaches to ODR and provides a description of the design and structure of Ontomedia, a web-based platform to facilitate online mediation in different domain

Legal Protection for Shopee Paylater Users Experiencing Bad Credit under Law Number 8 of 1999 concerning Consumer Protection.

The purpose of this research is to find and deeply analyze the legal protection for Shopee Paylater users experiencing bad credit under Law Number 8 of 1999 concerning Consumer Protection and the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR). The approach method in this research is a normative juridical approach. The data sources consist of primary data supported by secondary data. The primary legal data collection technique used a research instrument in the form of document studies and recording. The results of this research show that Article 1 Number 1 of Law Number 8 of 1999 concerning Consumer Protection aims to provide security in the form of protection for consumers when there are unfair conditions that affect the consumer. Furthermore, the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR) is the most appropriate alternative dispute resolution method for Shopee Paylater problems because it is more efficient and not hindered by geographical conditions

Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone

Court systems are exploring and beginning to adopt online dispute resolution (ODR) systems, and it is critical that they make digital accessibility a priority. Even though we need to pay close attention to ODR developments in court systems, we cannot overlook the fact that there are ODR providers in the private sector whose systems also must be accessible for persons with disabilities. Plaintiffs filed more ADA Title III website accessibility lawsuits in federal court for the first six months of 2018 than in all of 2017. There were at least 1053 such lawsuits in the first six months of 2018, compared to 814 in all of 2017. As websites have become more sophisticated, access to them has worsened. This article will revisit the question of what digital accessibility standards are legally required. Although the threat of legal liability for failing to satisfy well-respected privately promulgated standards is still real, making a website digitally accessible will make it easier for everyone to use and may attract new users. Websites, mobile applications, software platforms, and other technologies will be accessible when developed and designed to internationally recognized accessibility standards. A host of best practices related to business processes and training are available to ensure accessibility for ODR systems. This Article offers ODR system designers, practicing neutrals such as mediators and arbitrators, information technology professionals, private and public decisionmakers, and policymakers essential information and tools to build and maintain systems that work for everyone. It is extremely important that the ODR community focus on digital accessibility at this moment, because ODR systems are not only being implemented in the United States; they are being adopted around the world

ONLINE DISPUTE RESOLUTION (ODR) DALAM SENGKETA INVESTASI PASAR MODAL SYARIAH DI INDONESIA

Transaksi pasar modal syariah di Indonesia termasuk menjadi kegiatan ekonomi yang berkembang pada beberapa tahun terakhir. Meningkatnya transaksi pasar modal syariah  menjadikan potensi sengketa antara investor dan pihak pasar modal menjadi tinggi. Oleh karena itu dibutuhkan penyelesaian sengketa yang efektif, efisien, tidak menyita banyak waktu, dan fleksibel bagi para pihak. Pengadilan agama sebagai penyelesaian sengketa jalur litigasi dianggap kurang efektif karena waktu penyelesaian kasus yang lama dan masa tunggu yang lama. Arbitrase dan alternatif penyelesaian sengketa yang lain menjadi jalan keluar mengatasi pengadilan agama yang kurang efektif dan efisien. Dengan munculnya pandemi COVID-19 di Indonesia mengakibatkan arbitrase dan alternatif penyelesaian sengketa di luar pengadilan berisiko tinggi dalam menularkan virus tersebut. Oleh karena itu Online Dispute Resolution menjadi solusi bagi penyelesaian sengketa di luar pengadilan yang perlu diteliti aturan hukum, kelebihan, dan kekurangannya dalam menangani sengketa pasar modal syariah di Indonesia. Kata kunci: Online Dispute Resolution (ODR); Sengketa Pasar Modal; Syariah;