Online dispute resolution mechanisms
The European Committee on Legal Co-operation (CDCJ) is reviewing the compliance of online dispute resolution (ODR) mechanisms with the right to a fair trial and the right to an effective remedy (Articles 6 and 13 of the European Convention on Human Rights).
The first stage of the activity includes the preparation of a technical study that focuses on the workings of ODR processes (including programme design specifications) within the civil and administrative law court system, including pre-trial processes and separate “ODR-track” procedures as an alternative to traditional court procedures.
This technical study is the follow-up to the preliminary feasibility study carried out in 2016 and will comprise:
- A detailed analysis of whether existing or planned ODR mechanisms are compatible with Article 6 of the European Convention on Human Rights (ECHR);
- An assessment of how the use of ODR can improve access to justice;
- An analysis of the interface between ODR processes and the civil and administrative justice system in different Council of Europe States to the extent that this implicates Article 6 of the ECHR.