Periodic Reporting for period 1 - NEMESIS (NEgotiation and MEdiation Sensible Issues' Solutions)
Período documentado: 2020-04-15 hasta 2022-04-14
• What is the problem/issue being addressed?
In many parts of the world, there are several barriers that impede effective access to justice through legal proceedings for citizens. First and foremost, due to financial difficulties many individuals (specifically consumers) are unable to have efficient access to adequate information about their legal rights. As a result, many of these individuals appear in legal proceedings as self-represented litigants. Second, the isolated citizens lose sufficient incentives, power, and knowledge to initiate legal proceedings and pursue their rights. This is mainly due to the organizational barriers in the administration of civil justice. Eventually, the existing traditional and ordinary civil proceedings in courts are not always the best optimal solution for resolving civil disputes in an effective and timely manner. These procedural hurdles are even worst in transnational civil and commercial cases. Currently, cross-border civil proceedings are extremely lengthy, complex, and costly for most individuals. In particular, the lack of adequate and precise information about the competent jurisdiction at both international and local levels for lay citizens; the language disparities resulting in the necessity to translate the claim and other supporting documents; and the divergent interpretations of different national courts in EU are among some of the obstacles that citizens face in pursuing their rights at cross-border level. For these reasons, the lack of online tools and procedures – that can be considered as optimal and feasible solutions to these problems – remain as an unmet need in the modern civil justice systems. These tools can mitigate the costs and lengths of civil proceedings on the one hand and maximize the access to knowledge and competent dispute resolution bodies in every civil justice system on the other.
• Why is it important for society?
The right to effective access to justice is a fundamental right that remains as one of the principal pillars of the rule of law in any civil justice system of a democratic society. Access to competent dispute resolution bodies is considered as a major element in evaluating the efficiency of access to justice for citizens. Despite this, there are several obstacles that hinder this fundamental right. Thence, one of the significant challenges for modern societies is to establish simplified, reliable, and cost-effective procedures and tools for developing Online Dispute Resolution mechanisms. These models of dispute resolution have the potential to minimize barriers to effective access to justice for citizens on the one end and offer them novel opportunities to pursue their rights in a more efficient manner on the other. This approach results in promoting the citizens’ rights to have efficient access to justice.
• What are the overall objectives?
The overall objective of the NEMESIS project is to develop a set of Guidelines for regulating the establishment of Online Dispute Resolution platforms comprising e-negotiation and e-mediation. This overall objective is achieved through the specific research objectives that include investigating the current relevant cases in various recognized civil sectors through realistic analysis; evaluating if and what type of additional regulation is required for the realization of the Online Dispute Resolution; and finally, studying the requirements and needs for establishment of an ODR platform from legal, technical, and technological standpoints. These research objectives were supported by training and transfer of knowledge, dissemination, exploitation, and communicating the obtained results (as carried out during the lifespan of the NEMESIS project).
In many parts of the world, there are several barriers that impede effective access to justice through legal proceedings for citizens. First and foremost, due to financial difficulties many individuals (specifically consumers) are unable to have efficient access to adequate information about their legal rights. As a result, many of these individuals appear in legal proceedings as self-represented litigants. Second, the isolated citizens lose sufficient incentives, power, and knowledge to initiate legal proceedings and pursue their rights. This is mainly due to the organizational barriers in the administration of civil justice. Eventually, the existing traditional and ordinary civil proceedings in courts are not always the best optimal solution for resolving civil disputes in an effective and timely manner. These procedural hurdles are even worst in transnational civil and commercial cases. Currently, cross-border civil proceedings are extremely lengthy, complex, and costly for most individuals. In particular, the lack of adequate and precise information about the competent jurisdiction at both international and local levels for lay citizens; the language disparities resulting in the necessity to translate the claim and other supporting documents; and the divergent interpretations of different national courts in EU are among some of the obstacles that citizens face in pursuing their rights at cross-border level. For these reasons, the lack of online tools and procedures – that can be considered as optimal and feasible solutions to these problems – remain as an unmet need in the modern civil justice systems. These tools can mitigate the costs and lengths of civil proceedings on the one hand and maximize the access to knowledge and competent dispute resolution bodies in every civil justice system on the other.
• Why is it important for society?
The right to effective access to justice is a fundamental right that remains as one of the principal pillars of the rule of law in any civil justice system of a democratic society. Access to competent dispute resolution bodies is considered as a major element in evaluating the efficiency of access to justice for citizens. Despite this, there are several obstacles that hinder this fundamental right. Thence, one of the significant challenges for modern societies is to establish simplified, reliable, and cost-effective procedures and tools for developing Online Dispute Resolution mechanisms. These models of dispute resolution have the potential to minimize barriers to effective access to justice for citizens on the one end and offer them novel opportunities to pursue their rights in a more efficient manner on the other. This approach results in promoting the citizens’ rights to have efficient access to justice.
• What are the overall objectives?
The overall objective of the NEMESIS project is to develop a set of Guidelines for regulating the establishment of Online Dispute Resolution platforms comprising e-negotiation and e-mediation. This overall objective is achieved through the specific research objectives that include investigating the current relevant cases in various recognized civil sectors through realistic analysis; evaluating if and what type of additional regulation is required for the realization of the Online Dispute Resolution; and finally, studying the requirements and needs for establishment of an ODR platform from legal, technical, and technological standpoints. These research objectives were supported by training and transfer of knowledge, dissemination, exploitation, and communicating the obtained results (as carried out during the lifespan of the NEMESIS project).
The carried out works and activities from the beginning of the NEMESIS project are as follows:
Work Package 1: ODR e-negotiation study
In the initial WP in this project the major activities related to collecting and analysing the existing data, opinions, and facts in e-negotiation as part of the general ODR regime. This activity set the grounds for developing the ODR Guidelines which were established under WP4.
Work package 2: ODR e-mediation study
In WP2, e-mediation as part of the general ODR regime was studied in detail. All the relevant data, information, opinions, and facts were collected and respectively analysed. This activity also formed the basis for developing the ODR Guidelines which were established under WP4.
Work package 3: ODR case study analysis
In this WP, the real cases were analyzed using the insights gained into e-negotiation and e-mediation within the previous work packages (WP1 & WP2). This also set the grounds for the development of the ODR guidelines under WP4.
Work package 4: Towards an ODR platform: legal, technical and technological implications
In this WP, various aspects of an Online Dispute Resolution platform were evaluated from legal, technical, and technological perspectives. The major objective of the activities conducted under WP4 was based on covering the requirements and the path towards developing and establishing an ODR platform containing e-negotiation and e-mediation. It should be, however, noted that the exploitation of such a platform pertains to the post-NEMESIS project phase.
Work Package 1: ODR e-negotiation study
In the initial WP in this project the major activities related to collecting and analysing the existing data, opinions, and facts in e-negotiation as part of the general ODR regime. This activity set the grounds for developing the ODR Guidelines which were established under WP4.
Work package 2: ODR e-mediation study
In WP2, e-mediation as part of the general ODR regime was studied in detail. All the relevant data, information, opinions, and facts were collected and respectively analysed. This activity also formed the basis for developing the ODR Guidelines which were established under WP4.
Work package 3: ODR case study analysis
In this WP, the real cases were analyzed using the insights gained into e-negotiation and e-mediation within the previous work packages (WP1 & WP2). This also set the grounds for the development of the ODR guidelines under WP4.
Work package 4: Towards an ODR platform: legal, technical and technological implications
In this WP, various aspects of an Online Dispute Resolution platform were evaluated from legal, technical, and technological perspectives. The major objective of the activities conducted under WP4 was based on covering the requirements and the path towards developing and establishing an ODR platform containing e-negotiation and e-mediation. It should be, however, noted that the exploitation of such a platform pertains to the post-NEMESIS project phase.
As regards e-negotiation, the NEMESIS project is among the first studies of its kind to point out the existing gap in a common understanding of the notion of e-negotiation and e-mediation and the context of its application among legal scholars and computer and behavioral scientists. This finding can be specifically effective in filling the existing gap and facilitating cross-disciplinary dialogues among jurists and other scientists, especially when they need to work together.
In relation to e-mediation, the findings of the theoretical and empirical research that were carried out in the framework of NEMESIS project provided rich data about the application and efficiency of e-mediation from both legal and socio-economic perspectives. In general, it can be perceived that e-mediation has gained great momentum with the outbreak of the COVID-19 pandemic. Almost all mediators had to try e-mediation at some stages of their practice since 2020 because of the imposed mobility restrictions. There are no specific rules enacted by national legislators in any of the studied jurisdictions to regulate this ODR model.
We believe that the NEMESIS work will be able to feed new business cases to accompany the implementation of the European Digital Service Act.
In particular, the NEMESIS work will allow the development of an offer to accompany the implementation of the following provisions:
• Obligations to adopt terms of use respecting fundamental rights
• Complaint and redress mechanism and out-of-court dispute settlement
• Measures against abusive reporting and counter-reporting
Nemesis Business Case and Production Release – Seraphin, which is at the origin of the PrivacyIcons for the legal design of general terms of use, plans to work on the first point with Juridy Legal Design concerning the NEMESIS algorithm for online dispute resolution, we are partners of this contest organized by Paris 1 Panthéon Sorbonne IRJS https://adnparis1.wordpress.com/(se abrirá en una nueva ventana) and plan to integrate the results of the winners in the Seraphin Assistant created by Thomas Saint-Aubin and Marco Giacalone. Version 1 of the project will be online next June.
In relation to e-mediation, the findings of the theoretical and empirical research that were carried out in the framework of NEMESIS project provided rich data about the application and efficiency of e-mediation from both legal and socio-economic perspectives. In general, it can be perceived that e-mediation has gained great momentum with the outbreak of the COVID-19 pandemic. Almost all mediators had to try e-mediation at some stages of their practice since 2020 because of the imposed mobility restrictions. There are no specific rules enacted by national legislators in any of the studied jurisdictions to regulate this ODR model.
We believe that the NEMESIS work will be able to feed new business cases to accompany the implementation of the European Digital Service Act.
In particular, the NEMESIS work will allow the development of an offer to accompany the implementation of the following provisions:
• Obligations to adopt terms of use respecting fundamental rights
• Complaint and redress mechanism and out-of-court dispute settlement
• Measures against abusive reporting and counter-reporting
Nemesis Business Case and Production Release – Seraphin, which is at the origin of the PrivacyIcons for the legal design of general terms of use, plans to work on the first point with Juridy Legal Design concerning the NEMESIS algorithm for online dispute resolution, we are partners of this contest organized by Paris 1 Panthéon Sorbonne IRJS https://adnparis1.wordpress.com/(se abrirá en una nueva ventana) and plan to integrate the results of the winners in the Seraphin Assistant created by Thomas Saint-Aubin and Marco Giacalone. Version 1 of the project will be online next June.