Today the 10th Doctoral Consortium, hosted within the 35th JURIX conference on Legal Knowledge and Information Systems, will take place at Saarland University, in Saarbrücken (Germany).
DIKE Research Group members Gioia Arnone, Paola Giacalone and Francesca Valastro will quibble on ODR, access to justice and digitalisation, together with other scholars from all over Europe (and beyond).
Gioia will give a speach on "Cryptocurrency as blockchain-based architecture disputes and decentralized justice: the role of online dispute resolution"
The blockchain dispute resolution (BDR) platforms offer services for disputes arising out of block- chain and smart contract transactions or for traditional disputes that are not related to blockchain transactions. Each of the platforms provides untraditional mechanisms for adjudication that are also different from each other, creating an unorganized and unregulated environment. The platforms do not comply with the accustomed principles of alternative dispute resolution (ADR) and online dispute resolution (ODR) mechanisms raising the question of validity and legitimacy of the platforms and the need for regulation. Therefore, the primary aim of the present paper is to provide a comparative and descriptive analysis of decentralized justice regarding blockchain online dispute resolution projects, providing a comparative review of the three most common projects of the decentralized justice industry, also exploring the role of ODR platforms in mitigating justice in cryptocurrency and other e-commerce investment discrepancies and what are the recent possible decentralized dispute resolution scenarios.
Paola will deal with "Public and Private in ODR Services: towards what balance?"
This study seeks to explore the role of online dispute resolution as a valuable tool for resolving legal disputes in civil and commercial matters. The analysis also focuses on the reasons why this remedy needs to be improved balancing the need for efficiency and simplification of litigation’s mechanisms and the protection of fundamentals rights and principles, such as access to justice and effectiveness of remedies. The investigation starts from an overview of the concept of ODR and the consequent new definition of access to justice. The reason for the need of balancing public and private services in ODR is to be identified in the specific worn out that especially European legal systems have about the excessive extension of private enforcement. So, this study aims to identify how to balance the privatization of justice with fundamental rights, especially concerning an effective access to justice.
Francesca will discuss the matter of “Online mediation in Italy: an empirical study from the perspective of lawyers and mediators”
This empirical study seeks to explore the future of online mediation in the aftermath of the Covid-19 pandemic from the perspective of 50 attorneys and 50 mediators of the Milan Chamber of Arbitration. A qualitative approach was adopted in investigating the major changes in the practice of virtual mediation and its future potentialities through the lens of dispute resolution practitioners. While the article argues the pressing need for regulations to effectively manage the online procedure, the results presented offer valuable insights for Mediation Service Providers in relation to its fast-evolving practice.
A sincere gratitude goes to Dr. Marco Giacalone, who encouraged their participation.
All the best, girls!