Master'sOpen Access

Online disputes resolutions

2012
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Advisor: Prof. Dr. Feriha Bilge Tanrıbilir

Abstract (EN)

Disputes are an inevitable result of human relationships. With the advancing technology disputes have started to be experienced in electronic environment. Since the traditional dispute resolution methods have become insufficient for those in the electronic environment, a new search has started in the world. "Online Dispute Resolution Methods" is a system developed to resolve the disputes occurring in the electronic environment or outside in the electronic environment.The first section of our thesis that consists of two sections within the framework of the aforesaid developments includes general information on electronic trade and alternative dispute resolution methods under the title Key Issues and General Explanations on Online Dispute Resolution Methods and additional remarks in regard to online dispute resolution methods. While providing explanations on electronic trade, information on the definition of electronic trade, its parties and types is given and then the problems encountered during electronic trade are discussed. On the other hand, remarks on alternative dispute resolution method include the concept of alternative dispute resolution method, its types and its relation with governmental jurisdiction. Under the title Online Dispute Resolution Methods, after providing general information on online dispute resolution methods, the history of online dispute resolution methods is reviewed. Following the information on the history, the positive and negative aspects of Online Dispute Resolution Methods are explained and various studies conducted on Online Dispute Resolution Methods are discussed and also the debated issues related to Online Dispute Resolution Methods in these studies are emphasized. Within this scope, the International Chamber of Commerce, Global Business Dialogue on e-Commerce, Organization for Economic Cooperation and Development, Electronic Consumer Dispute Resolution, The European Consumer Center Network, Federal Trade Commission, the American Bar Alternative Dispute Resolution Committee, and University of Geneva Online Dispute Resolution Expert Seminar are subject of investigation.In the second section of our thesis, the online dispute resolution processes are investigated. Within this scope, the online dispute resolution methods are investigated in three classes; online negotiation, online mediation, and online arbitration. Online negotiation is examined in two subtitles; automatic negotiation and negotiation with support. Following the definition of the automatic negotiation, the Cybersettle and Smartsettle systems, that are examples for this negotiation type, are examined. Under the title negotiation with support, following definition of this type of negotiation, information on the system SquareTrade and its processes is provided. After a brief explanation on Online Mediation, online arbitration is investigated and the method of Resolution of Domain Name Disputes by the Internet Corporation of Assigned Numbers and Names through Arbitration is discussed.Key Words1. Online Disputes Resolutions (ODR)2. Internet and Disputes3. Alternative Disputes Resolutions (ADR)4. Electronic Commerce5. Consumer Disputes and ODR

Author

Dr. Melis Ercan

How to Cite

Melis Ercan (Master Thesis). Online disputes resolutions, 2012, Gazi University.

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