온택트(Ontact) 시대와 민사재판에서 ODR의 활용 가능성

In the ontact era with Corona 19, the way people communicate is changing. The settlement of civil disputes has largely relied on a face-to-face method. It was common for the parties to the dispute to meet face-to-face not only in civil trials, but also in ADR such as reconciliation, mediation, and arbitration. However, people familiar with the digital age hope to use online to resolve disputes quickly. This is especially the case for small or relatively simple cases. ODR is a procedure for resolving disputes through negotiation, mediation, arbitration, or trial using computer-mediated communications and other technologies. ODR is gaining popularity because it saves parties time and money. In particular, the satisfaction level is increasing as a result of expanding users' access to autonomous dispute resolution in small claims cases. E-commerce companies such as eBay and Alibaba have been implementing ODR on consumer disputes since many years ago and are striving to provide better service. Foreign courts are attempting to establish a trial process that utilizes ODR. These attempts show that the user-friendly ODR has come to believe that it can increase the speed and economy of court proceedings. For example, the ODR project in the U.S., the CRT in Canada and the Hangzhou Internet Court in China are leading courts to improve the efficiency of dispute resolution. We also need to introduce ODR in the small claims case trial process. However, courts should be cautious in creating an ODR system so that the efficiency of the trial process does not harm fairness. The ICODR standard can serve as a reference for ensuring fairness in the ODR process. And since AI cannot completely replace judges, the use of AI in ODR would be appropriate to support judges.