Research Dilyara Nigmatullina

Abstract

The project relates to the procedural justice in Online Dispute Resolution (ODR). ODR was heralded as a solution for certain classes of disputes that were not otherwise appropriately addressed, and as a means for introducing efficiency and new qualities into the practice of dispute resolution, such as optimization of win-win solutions. The question is, has ODR actually delivered on those promises? To answer this question, a critical look at the current ODR landscape is needed. A litmus test for the quality of ODR mechanisms of today is their delivery of procedural justice. Relying on the existing practices, this project aims to explore the ways to ensure procedural justice in three most common ODR processes presently, namely online negotiation, mediation and arbitration. The project will follow a multi-method methodology and will combine doctrinal analysis with empirical research. It will start by examining the notion of procedural justice in ODR and how it can be measured. The empirical part of the project will involve mapping the existing and active ODR providers globally (the amount of which is not expected to exceed one hundred) and exploring how they ensure procedural justice in online negotiation, mediation and arbitration. Finally, relying on the collected doctrinal and empirical data, the project will evaluate the key criteria for ensuring procedural justice in online negotiation, mediation and arbitration. By examining the issue of the procedural justice in ODR, the project will partially fill the existing void within the academic research on the implications of technology for procedural justice theory. By mapping active ODR providers globally and identifying ODR processes that they provide, the project will remedy the current absence of any up-to-date information on these issues. Thereby, the project will make a significant and original contribution to the growing body of literature on ODR. In addition, it will help increase awareness of the general public about the ways ODR providers ensure procedural justice in online negotiation, mediation and arbitration. ODR providers can benefit from the project's results by aligning their procedural justice standards with the identified key criteria. In this way, the project will boost the public's confidence in the fairness of the provided ODR processes, a paramount condition for the development of ODR in the future.

Researcher(s)

• Promoter: Rutten Stefan
• Co-promoter: Nigmatullina Dilyara
• Co-promoter: Vanlerberghe Beatrix
• Fellow: Beretta Rachele

Research team(s)

• Law Enforcement

Project type(s)

• Research Project