Online dispute resolution

online-dispute-resolution-mechanisms

In 2016 the European Committee on Legal Co-operation (CDCJ) conducted a study on the feasibility of an activity for drafting guidelines on online dispute resolution (ODR) mechanisms aiming to ensure compatibility with Article 6 (right to a fair trial) and Article 13 (Right to an effective remedy) of the European Convention on Human Rights (ECHR).

As a follow-up to this feasibility study, a technical study was completed and published. The activity continued with the drafting of the guidelines by the CDCJ and its subsequent submission to the Committee of Ministers for adoption.

The Committee of Ministers adopted, on 16 June 2021, the Guidelines on online dispute resolution mechanisms in civil and administrative court proceedings.

Relevant legal instruments and documents:

Background documents

NEWS

Back Online dispute resolution mechanisms: publication of the guidelines

The Council of Europe Publishing has issued the publication of the Guidelines of the Committee of Ministers of the Council of Europe on online dispute resolution mechanisms in civil and administrative court proceedings, adopted in June 2021, with their accompanying explanatory memorandum.

These guidelines and explanatory memorandum, prepared by the European Committee on Legal Co-operation (CDCJ), aim at helping the 47 member states to improve the functioning of their online dispute resolution mechanisms (ODR) in civil and administrative court proceedings) and to ensure that such mechanisms are compatible with the key principles of a fair trial and effective remedy (articles 6 and 13 of the European Convention on Human Rights) set out in the case law of the European Court of Human Rights, thanks to the guidance contained thereto.