Academic Articles
THE EXPANSION OF ONLINE DISPUTE RESOLUTION IN BRAZIL
Authors:
Ricardo Vieira de Carvalho Fernandes ,
University of Brasilia, BR
About Ricardo
PhD Professor of the Law School at University of Brasília - UnB. Leader of the Group “Law Research, Innovation and Technology” (www.direitotec.com.br DireitoTec/UnB). Lawyer. Author of 11 Law books and another 26 academic articles.
Colin Rule,
Tyler Technologies, US
About Colin
Colin Rule is Vice President for Online Dispute Resolution at Tyler Technologies. Tyler acquired Modria.com, an ODR provider Colin co-founded, in 2017. From 2003 to 2011 Colin was Director of Online Dispute Resolution for eBay and PayPal.
Taynara Tiemi Ono,
Universidade de Brasilia, BR
About Taynara
Has a Master Degree in Law by Universidade de Brasília (UnB). Legal Mediator in the Special Civil Court of the Regional Court of Brasília-DC and Territories.
Gabriel Estevam Botelho Cardoso
Universidade de Brasilia, BR
About Gabriel
Law student at Universidade de Brasília. Leader of the extension activities group EmpreenDir. UnB. Teacher and Entrepreneur.
Abstract
This article examines Online Dispute Resolution (ODR) by analyzing its primary components (i.e., e-mediation and e-negotiation) and then applying that analysis to the implementation of ODR systems in Brazil. The authors believe that the implementation of ODR in Brazil will be challenging due to legislative constraints and a prevailing pro-litigation sentiment, which is widely perceived as the default resolution option. However, the authors contend that by systematically demonstrating the benefits of ODR and sharing best practices gleaned from other countries, ODR will slowly take root in Brazil, eventually becoming the preferred option for resolving low value civil disputes.
How to Cite:
Fernandes, R.V. de C., Rule, C., Ono, T.T. and Cardoso, G.E.B., 2018. THE EXPANSION OF ONLINE DISPUTE RESOLUTION IN BRAZIL. International Journal for Court Administration, 9(2), pp.20–30. DOI: http://doi.org/10.18352/ijca.255
Published on
17 Jul 2018.
Peer Reviewed
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