Computer/Law Institute

Vrije Universiteit, Amsterdam

english

mr dr A.R. Lodder

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The Third Party and Beyond. An Analysis of the Different Parties, in particular The Fifth, Involved in Online Dispute Resolution

A.R. Lodder, Information & Communications Technology Law, 15(2):143-155, 2006.

ABSTRACT In a society that virtualises, with most of the current youth being online

substantial parts of the day, to say that in the not so far future ODR will handle a large

part of the disputes is not a daring prophecy. The relations between the various parties

involved in ODR are more diverse and complicated than offline, both practically and

legally. This article provides an analysis that stretches further than the two disputing

parties and the Third Party. Several scenarios of the relationships between the various

parties are analysed. One party is not human, the Fourth Party, commonly used to denote

technology. In this paper it is argued that the concept of a Fifth Party as the provider of the

technology is needed to understand all possible legal and practical relations.