My dissertation consists in a thesis which contributes to the ongoing discussion that a proper ODR system should not be seen as a “fourth-party” (referred to the technology component in a dispute settlement). At present, ODR Regulation 524/2013 still relies just on procedural rules, avoiding a substantial approach to the disputes.
In this context the aim is to include a legal proposal in such a developed and envisioned framework.
The approach is to reduce obstacles to the good functioning of civil proceedings, negotiations and
settlements, especially the cross-border ones, by enforcing a method that could improve agreements by
means of a new E-procedure in certain areas of civil law, such as successions and trust, matrimonial regimes, property and lease, company law and consumer law.
A new E-procedure based on game theory’s principles of fair division and win-win solution instead of using law principles
