Online dispute resolution

Online Dispute Resolution (ODR) has been gaining unprecedented momentum, and will impact the legal professions at an accelerating pace in the coming years. Yet, for many practitioners, the topic remains quite abstract: how do these online procedures work, and how can they be used to protect rights and resolve disputes? It is crucial for legal professionals to familiarise themselves with the legal framework regarding ODR, to understand how ODR interacts with offline dispute resolution, and to have a clear view of how ODR will impact your future practice.

The module From procedural law to code offers insight in the current legal framework for online dispute resolution, with specific reference to European and Dutch law. During this module you will reflect on the future development of this field, especially in light of the Digital Services Act (DSA). You will also learn how to apply the notions covered during this module to real-life situations where ODR can be used to effectively protect rights and enforce claims.

The module From procedural law to code: the legal framework of online dispute resolution covers the following topics:

• What are the main features of the ODR Regulation? What impact has the regulation had so far, and what impact will it have in the future?
• What is the Digital Services Act (DSA), and which new dispute resolution options does it introduce?
• When can I use an internal complaint handling procedure set up by a platform?
• To what extent can and should I use the out-of-court dispute settlement mechanisms under the DSA? Are they a form of arbitration? Will they preclude access to State courts?
• How does this legal framework fit with Dutch law and EU law as a whole? For instance, does it change anything as for the allocation of jurisdiction under the Brussels I bis Regulation?

In the module The ‘switch’: stepping from offline to online dispute resolution, and the role of platforms you will learn how offline dispute resolution interacts with ODR, and what this means for you as a legal practitioner. You will gain insight in the role of platforms in providing ODR services, with specific reference to e-commerce and social media. After following this module you will also be able to apply this knowledge in practical cases, deciding the right course of action in concrete scenarios where legal protection is needed.

The module The ‘switch’: stepping from offline to online dispute resolution, and the role of platforms covers the following topics:

• How have international e-commerce platforms (e.g. Amazon) organised their ODR processes so far?
• How does this compare with Dutch experiences (e.g. e-Court)?
• How will this e-commerce dispute resolution evolve in the future?
• How does ODR work on social media platforms (e.g. Facebook and Instagram)?
• What is the Oversight Board? What does its case-law say so far?
• If I use one of these ODR procedures, do I lose the right to litigate the case in court?
• In light of this complex network of procedures, which instrument should I choose, to ensure the protection of my (or my client’s) rights?

The module Online dispute resolution in action offers you the opportunity to experience a state-of-the-art ODR platform in practice. You will practise by performing tasks on the platform in different stages of a dispute. This will teach you how to think critically and independently about the practice of ODR, its advantages and disadvantages, and how it could evolve in the future.

The module Online dispute resolution in action covers the following topics:

• How is an ODR platform structured in practice?
• How does ODR differ from ‘offline’ dispute resolution?
• What can the parties do on an ODR platform, and how does this affect the ways in which they seek legal protection?
• What are the differences between asynchronous and synchronous ODR?
• What are the future avenues for further development of ODR?

Pietro Ortolani

Prof. dr. Pietro Ortolani is professor of Digital Dispute Resolution at Radboud University. He holds a law degree from the University of Pisa and a Ph.D. in arbitration from LUISS Guido Carli University, Rome. He has also acted as an expert for the European Parliament and the European Commission. With over a decade of experience in legal practice, Pietro explores the intersection between conflict resolution and technology. He often collaborates with start-up companies in the legal tech world. His teaching style is very practical and interactive. View the profile of Pietro Ortolani.

Amy J. Schmitz

Professor Amy J. Schmitz joins Pietro Ortolani as your teacher for the module Online dispute resolution in action. She is a professor at The Ohio State University Moritz College of Law, and works on the Program on Dispute Resolution as the John Deaver Drinko-Baker & Hostetler Endowed Chair in Law. She has over two decades of teaching experience as a professor at various universities in the United States and practiced law with large law firms in Seattle and Minneapolis. Amy has been heavily involved in Arbitration and ODR teaching and research for a long time. She is also an elected member of the American Law Institute, the highest honour in United States law organisations. View the profile of Amy J. Schmitz.

The investment for this course is €1.195. This amount includes access to the digital learning environment.

Deze cursus valt binnen het Altijd scherp-abonnement.