サイバースペースにおける紛争解決の役割

抄録

In the Western countries, ADR (Alternative Dispute Resolution), which use electronic technique to resolve disputes, has been developing on the cyberspace. Behind the background of such a phenomenon there are needs to correspond problems resulting from the rapid spread of the Internet and the electronic commerce. Such development may bring a new concept into ADR. This article will discuss the background and the problems of Dispute Resolution on cyberspace. To distinguish ADR developed on the cyberspace from traditional ADR, this article will use the term of ODR for the former. In general, as to ADR on the cyberspace, it is understood that an electronic technique is utilised to supplement the function of ADR, while expressing variously as Online Dispute Resolution(ODR), Online ADR, Electronic Dispute Resolution(EDR), and Internet Dispute Resolution (iDR). However, such definition does not cover practically 'state of arts' in ODR. First, the 'traditional' technique and process of dispute solution in ADR are different from that of ODR,because E-mail, a chat, a video conference, and the website are short of elements of face to face meeting that ADR have been presumed. Additionally, these communication methods vary on each ODR provider. Secondly, though the same name as mediation and arbitration is used on line, it should be noticed that there is a wide gulf between ADR and ODR because of the different and virtual communication style. Thirdly, in terms of disputes which ODR treats the area could be more international and various than ADR does. Furthermore, the possibility of ODR does not limited to ADR as alternative dispute but includes court system, because Internet Technology also allows courts to perform the function of ODR. Therefore, ODR is becoming more diverse and complicated process. ODR are able to provide many people with convenient, prompt and inexpensive dispute resolution, but simultaneously there are numerous issues to be solved, such as judicial sanction, contract and conduct code regarding ODR. The diffusion of ODR will pose the necessity of international rules and standards, as well as E-commerce.