在线纠纷解决机制的困境和对策

The Dilemma of ODR and Its Solutions

ODR机制作为一种新生的纠纷解决方式,其在解决小额的、当事人间物理距离遥远的网络民事纠纷方面具有特别优势。而ODR机制存在着受理案件的有限性、提供救济方式的有限性、技术工具的双刃性等价值定位缺陷;存在着信任性不足、接近性难等实务利用缺陷;存在着程序被滥用、实践标准混乱等制度设计缺陷。ODR机制价值定位存在的缺陷是ODR本身所固有的,无法克服;实务利用缺陷和制度设计缺陷则可以通过相应的对策予以消减甚至消除。

ODR mechanism, as a new dispute resolution, has a special advantage in the settlement of civil disputes concerning network that arises between the parties physically distant. As to ODR mechanism, concerning cases are limited, remedies limited, double - edged features of the technology tools because its defects of value orientation. It is short of trust and has defects in proximity difficulties in the practical use. There exist abuse of the program and institutional design flaws such as confused practice standards system. The value orientation of ODR defects is inberently in ODR mechanisms itself and can not be overcome, if the ODR mechanisms overcoming these defects, then ODR may lose its value advantage. Its defects and institutional design flaws may be abated and even eliminated by the practical use of appropriate measures .