Online Dispute Resolution, innovations and benefits for the corporate sector
In addition to the videoconferencing and instant messaging tools, which ensure the attempt to self-compose without face-to-face steps along with schedule flexibility.
“Online Dispute Resolution” (ODR) in the corporate space refers to the growing trend of diversification of legal services, which has the potential to contribute to conflict prevention, risk management, reduction of legal liabilities, time savings and improvement legal management. It consists, in summary, in the application of online media and information and communication technologies in an aggregate manner to Appropriate Conflict Resolution Methods (MASCs) in dispute with different parties.
In addition to the videoconferencing and instant messaging tools, which ensure the attempt to self-compose without face-to-face steps along with schedule flexibility, innovation in this area is linked to Artificial Intelligence, in order to optimize document management, chatbot development, avatars that perform the presentation of the conflict, use of holography and decision support systems which, based on previous knowledge and training, contribute to the analysis and solution of new conflicts.
On the ODR platforms, as the case may be, the MASCs stand out for negotiation, conciliation, mediation and arbitration, which have distinct elements that need to be considered in the development of these new tools. Trading in a broad sense is present in different phases of the other methods. This can be seen, for example, in the suggestion of an agreement by the conciliator, in the support of the mediator for dialogue with the consensus parties and in the decision of the previous rules for submitting the conflict to arbitration. In a strict sense, it concerns the discussion of proposals between subjects with common and opposite interests aimed at reaching agreement.
Mediation and conciliation differ due to the characteristics of the previous relationship between the parties involved in the conflict. The first, in the business sector, approaches discussions about contractual clauses, maintaining a specific profile in the market, ways to reestablish business among interested individuals. Reconciliation aimed at less complex situations, maintaining sporadic links between the parties, mainly includes conflicts between companies and consumers. Arbitration, in turn, is used in the corporate sector, especially in conflicts that involve large amounts of resources, based on private instruments that carry this provision through an arbitration clause.
The Brazilian Association of Jurimetry concluded, in a study on the biggest litigants in consumer law, held in 2018, that the integration between the Judiciary and the online platform “consumer.gov.br” configures “the solution with the greatest expected impact to avoid new processes ”, because using ODR in an extrajudicial moment ensures a high percentage of conflict solutions quickly and efficiently.
It is important to remember that in October 2019, a pilot project was launched for integration between PJe and the aforementioned platform, allowing consumer demands to be preliminarily negotiated with ODR system support. Currently, there are more than 800 registered companies, the rate of resolution of registered complaints is equivalent to 80%, and the average response time by companies is 6.5 days.
Undoubtedly, ODR will provide direct benefits to companies, reducing time and resources spent, improving corporate image in society and in the market, as well as business and commercial relationships, in addition to organizing more assertive insights for decision making in legal management. This innovation scenario must, however, be supported by essential requirements regarding cyber security, confidentiality and compliance with data protection and privacy legislation.
By: Wilson Sales Belchior