of the parties’ intentions and has strong characteristics of civil society, combining professionalism, speed, convenience, confidentiality, and harmony, which gives it a pivotal position in dispute resolution. The privacy and independence of arbitration emphasize the maintenance of the parties’ reputation and business reputation. In commercial disputes, there are often acts such as breach of contract, financial difficulties, or even malicious behavior violating the principle of good faith, which may adversely affect the personal reputation of the parties and the business reputation of the company, causing significant economic losses to the company. If the confidentiality of arbitration can be guaranteed, it can restrict the dissemination of unfavorable information. The confidentiality of arbitration cases should be seen as an interest that parties can expect, and confidentiality should be the norm in commercial arbitration, while openness should be the exception. Litigation, on the other hand, emphasizes publicity, is subject to multiple review constraints, and has relatively low processing efficiency. How has Online dispute resolution (ODR) evolved in China and what are the benefits of ODR? ODR (Online Dispute Resolution) is a mechanism for resolving disputes through electronic communication, primarily focusing on resolving disputes arising from cross-border electronic commerce transactions. Evolving from ADR, ODR literally means Online Dispute Resolution Mechanism. The prominent advantage of ODR platforms lies in fully leveraging internet technologies and innovatively applying intelligent technologies such as robot mediation, asynchronous mediation, electronic negotiation, and intelligent diagnosis to meet the diverse dispute resolution needs of parties involved in cross-border e-commerce. Using dispute questionand-answer robots, legal policy answer robots, and case index robots facilitates information collection and communication for the parties, while enhancing the service capabilities of artificial intelligence (robots). For instance, with intelligent diagnosis, based on the parties’ demands, an evaluative diagnosis of the dispute is conducted on the basis of big data analysis, informing the parties of the probability of success or failure in the dispute, as well as the economic and time costs they may need to bear. Additionally, based on historical data of similar disputes, evidence exchange, mediation participation, and judicial confirmation applications are conducted online to provide parties with the best recommendations and mediation proposals for dispute resolution, thus improving online work efficiency. WWW.LAWYER-MONTHLY.COM 33 With the development of competitive activities among actors in the judicial field, the capital condition that parties possess is constantly changing, driving changes in their positions in the judicial field. www.kangdalawyers.com
RkJQdWJsaXNoZXIy Mjk3Mzkz