In accordance with its terms of reference for 2016-2017, the European Committee on Legal Co-operation (CDCJ) is considering undertaking an activity on online dispute resolution mechanisms with reference to Articles 6 and 13 of the European Convention on Human Rights (ECHR).
A preliminary feasibility study on online dispute resolution (ODR) mechanisms has been undertaken in 2016.
At its plenary meeting of 16-18 November 2016, the CDCJ took note of this study and examined its conclusions and proposals for follow-up. It agreed to carry out an activity in this field and to commission, as a first step, the preparation of a technical study which will comprise:
- A detailed analysis of whether existing or planned ODR mechanisms are compatible with Article 6 of the European Convention on Human Rights (ECHR);
- An assessment of how the use of ODR can improve access to justice;
- An analysis of the interface between ODR processes and the civil and administrative justice system in different Council of Europe States to the extent that this implicates Article 6 of the ECHR.