Online dispute resolution: the concept, signs and state of implementation in Ukraine

Global processes of digital transformation have led to the widespread use of network communication for the settlement of legal conflicts. This necessitates the improvement of Ukrainian legislation in terms of regulation of relevant online activities. The purpose of the article is to develop a generalized scientific vision of the essence of the settlement of legal disputes online. To achieve the above goal, methods of systematic and comparative legal analysis and others were used. The article deals with the issues of legal conflict resolution using digital resources (information and digital technologies, network communication). On the basis of the analysis of the current domestic legislation, international legal acts, and the opinions of researchers, the approaches to understanding the essence of such a phenomenon as online dispute resolution are highlighted in doctrine and practice. Special attention is paid to the review of foreign, including international experience of the implementation of ODR as a promising direction of digital transformation of modern society. It was found that the content of the category «online dispute resolution» has not received a legal definition, neither in domestic nor in foreign legislation, although the concept itself is widely used by theoreticians and practitioners. On the basis of a comparison of the peculiarities of jurisdictional and non-jurisdictional conciliation procedures, the conclusion that ODR – is the modus operandi of alternative disputes resolution and information and digital technologies, network communication. The modus operandi of the judicial process and the corresponding digital resources is e-court procedure or as it is also called «cyber-justice», «digital justice», virtual court etc. Conclusions and practical recommendations have been made regarding the further development of ODR in Ukraine. In particular, it is stated that for the successful implementation of dispute resolution with the help of digital resources, it is of great importance to develop an appropriate conceptual and categorical apparatus, which would become a scientific basis for the further development and adoption of relevant normative legal acts, as well as the implementation of relevant practices.

digitalization, e-court, virtual space, Internet, online, Alternative Dispute Resolution