THE EXPANSION OF ONLINE DISPUTE RESOLUTION IN BRAZIL | Zendy

Ricardo Vieira de Carvalho Fernandes | Zendy; Colin Rule | Zendy; Taynara Tiemi Ono | Zendy; Gabriel Estevam Botelho Cardoso | Zendy

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THE EXPANSION OF ONLINE DISPUTE RESOLUTION IN BRAZIL

Author(s) -

Ricardo Vieira de Carvalho Fernandes,

Colin Rule,

Taynara Tiemi Ono,

Gabriel Estevam Botelho Cardoso

Publication year - 2018

Publication title -

international journal for court administration

Language(s) - English

Resource type - Journals

SCImago Journal Rank - 0.173

H-Index - 4

ISSN - 2156-7964

DOI - 10.18352/ijca.255

Subject(s) - online dispute resolution , negotiation , mediation , legislature , dispute resolution , alternative dispute resolution , value (mathematics) , political science , dispute mechanism , resolution (logic) , law and economics , business , computer science , law , economics , artificial intelligence , machine learning

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.

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