Analysis of online dispute resolution methods in the scope of fundamental judicial rights

The concept of online dispute resolution methods is a concept that emerged as a result of the questioning of traditional judicial methods, in other words, the search for new dispute resolution methods in accordance with the requirements of the age instead of state trial and alternative resolution methods. As a result of the state judiciary and alternative dispute resolution methods becoming insufficient especially for disputes that occur in the virtual environment, the need to resolve these disputes with the possibilities brought by the virtual environment and technology has arisen. Just like alternative dispute resolution methods, although online dispute resolution methods, which emerged as a requirement of the right to access to justice and fair trial, have a history of almost thirty years, there is no consensus in the doctrine about its definition and scope. Online dispute resolution methods have emerged as alternative dispute resolution methods transferred to the virtual environment. As a matter of fact, the basic classification made in the teaching of these methods is online negotiation, online mediation, online arbitration. However, online dispute resolution methods have gradually become extended to state proceedings. For this reason, online trials have also begun to be seen as the last part of this classification. It should also be noted that there are online dispute resolution methods, in which unique methods that do not fall into these classifications are developed and disputes are resolved by using various software. Online dispute resolution methods have also affected state jurisdictions and have started to be used in state jurisdictions in some countries over time. Therefore, it is important to evaluate online dispute resolution methods in the context of civil procedure law, especially basic judicial principles. These methods may in some respects serve to fulfill fundamental judicial rights. However, due to some aspects, these methods may also result in a violation of fundamental judicial principles.