ECODIR project ECODIR Electronic COnsumer DIspute Resolution Business

ECODIR project ECODIR Electronic COnsumer DIspute Resolution Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project Theisobjective What ECODIR ? • ECODIR is an acronym of Electronic COnsumer DIspute Resolution • It aims to provide consumers with the possibility to see their disputes solved through the network: as the dispute arises from the use of the network, the consumer will now be able to find a solution directly from the network. Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project Preliminary considerations • The ECODIR mechanism should complete the chain of confidence in the process of electronic consumption (mainly code of conduct and labelling initiatives) • The project takes part in the European Union initiatives in the field of consumer access to justice and is subsidised in part by D G Sanco Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project The Objectives • To evaluate the feasibility of the process of ADR on-line in a B to C environment • To implement and enforce an out-of-court dispute settlement procedure on-line for the benefit of European consumers • To develop an Alternative Dispute Resolution support system Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project The advantages • The traditional advantages of the ADR procedure: • to provide a flexible, quick and affordable procedure • to allow the parties to keep a larger control of the procedure of dispute resolution • to provide a confidential procedure that allows the parties to safe face and safeguard future relations • Additional advantages of the on-line ECODIR procedure: • the development of a mediation/arbitration support system for the parties • to ensure the intervention of a neutral third party with a specific expertise in the field of information and communication technologies • the openness/transparency of the process and of the decisions Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project The Methodology • The project comes from the experience of the Cyber. Tribunal prototype (set up by the CRDP) • It is based on a multidisciplinary university research : • a socio-organisational evaluation (CECOJI) • a legal evaluation (CRID) • a technical evaluation (CRDP - e. Resolution) • Following the conclusion of this research, the implementation of the ECODIR prototype should be ensured by private companies • the technical development is ensured by e. Resolution, a Canadian partner specialised in on-line mediation and arbitration • the management of the Secretariat is not yet granted Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project The Socio-organisational, Institutional and Economical evaluation • First, it will determine the feasibility of an ADR online process to solve B. to C. disputes • Secondly, it should assess the working conditions of an electronic dispute resolution body, according to users’ needs • It will be the first study analysing the practical solutions given by the experience of ADR on-line • This study is co-ordinated by the CECOJI, Paris Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project The Legal evaluation • It aims to assess the legal implications of the creation of an ADR body on-line in Europe • to evaluate the feasibility regarding legal issues • to define the procedure offered on-line • to design the content of the site • After the implementation of the ECODIR out-ofcourt settlement body, the first solutions/decisions will be analysed • This study is co-ordinated by the CRID, Namur Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project The Technical evaluation • It aims to define the technical characteristics of the ECODIR project • It should manage the technical development of the prototype • This study co-ordinated by the CRDP, will mainly be ensured by e. Resolution, Montreal Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project The Actors • The Consortium : • European and North American Universities • Mediation centres • The Private partners • e. Resolution • other private partners are expected • The Advisory Board • • consumer associations (e. g. BEUC) professional associations (e. g. FEDMA) national out-of-court bodies Euro. Guichets Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project The schedule 1. To study the feasibility of an ADR mechanism in B. to C. relation (January 2001) 2. To assess the working/legal/technical conditions of an electronic dispute resolution body (April/June 2001) 3. To implement an out-of-court settlement system (April/June 2001) 4. To disseminate the project 5. To adapt the prototype following the research conclusions and the consumer/business request 6. To bring the project to a close and to ensure subsequent development (April 2002) Business to consumer dispute resolution, The Hague 11 -12 December 2000

ECODIR project First areas of difficulty identified • Independence: how to finance an “ODR” (dispute of small amount) ? • Transparency: the paradox of the information • Adversarial principle: what about confidentiality in mediation procedure (“caucus”) ? • Effectiveness and Legality: paradox between heavy procedural guarantees and efficiency Further information: Vincent Tilman (vincent. tilman@fundp. ac. be) - Centre de Recherches Informatique et Droit Business to consumer dispute resolution, The Hague 11 -12 December 2000 CRID