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Legitimacy and the Virtualization of Dispute Resolution
Author(s) -
Laurens Mommers
Publication year - 2005
Publication title -
artificial intelligence and law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.856
H-Index - 37
eISSN - 1572-8382
pISSN - 0924-8463
DOI - 10.1007/s10506-006-9012-2
Subject(s) - legitimacy , dispute resolution , principle of legality , online dispute resolution , dispute mechanism , alternative dispute resolution , law and economics , political science , law , business , public relations , sociology , politics
For any type of institutionalized dispute resolution, legitimacy is a crucial characteristic, as legitimate dispute resolution promotes, for instance, general trust in state institutions and participation in economic activity. A lack of legitimacy will prevent the acceptance of dispute resolution, and thereby its use. Although many textbook definitions limit the meaning of legitimacy to legality, in its every-day use legitimacy is in fact a much broader concept. It encompasses different criteria relating to the nature of dispute resolution: is a form of dispute resolution properly embedded in a reliable institutional environment?, and: are its outcomes properly underpinned? Virtualization concerns the ways in which information and communication technologies affect administration, communication, accessibility and assessment. As an example of virtualization in dispute resolution, a scenario about on-line feedback is scrutinized. This scenario comprises the implementation of a feedback system to enable participants in an instance of dispute resolution to comment on various aspects of the dispute resolving process.

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