SYBERJUSTICE: POTENCIJALI I IZAZOVI VANSUDSKOG REŠAVANJA SPOROVA ONLINE
SAYBERJUSTICE:POTENTIALS AND CHALLENGES OF ONLINE DISPUTE RESOLUTION

Summary/Abstract: Application of modern ICTs has fundamentally changed all the segments of human activities and transformed all the fields of social, economic, and legal relations. The classic sales have been replaced by electronic trade, electronic money is used instead of cash and many traditional legal institutes have been getting new e-forms (smart contracts, blockchain technology, e-fiscalization, etc.) Modernization of the very legal profession and legal education started by the latest LegalTech and RegTech achievements, and the very way of legal disputes resolving has changed, as well. While the implementation of artificial intelligence in judicature and creating software for “predictive justice” are still on the experimental level, the tools for cyberjustice have already been widely used and they are directed to facilitating the access to justice, improvement of communication among the courts and legal professionals, and also to rendering direct assistance to judges, prosecutors and judicial administrations in their working on cases. A significant field of ICT application in disputes resolving imply alternative methods for online dispute resolution– online negotiations, mediation and arbitration (ODR). This paper investigates their potentials and points out to key challenges in ODR development and its implementation within the context of the access improvement to justice and protection of the rights of participants in the proceedings.

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