Specifika elektronického dokazování při mimosoudním řešení sporů
| Title in English | The Specifics of Electronic Proving in Out-of-Court Dispute Resolution |
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| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Revue pro právo a technologie |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Field | Law sciences |
| Keywords | Electronic evidence; proving; proof; negotiation; mediation; arbitration; alternative dispute resolution; Online Dispute Resolution |
| Attached files | |
| Description | The development of modern technologies leads to significant shifts in the possibilities of proving not only in judicial proceedings but also in out-of-court proceedings. In the case of dispute on the Internet (e.g. e-commerce) it is often appropriate to solve the conflict online and if possible to support factual statements by electronic evidence (it is however possible to solve the disputes online even though they have commenced offline). This article will discuss possible use of electronic evidence in negotiation between the parties, which is the initial and the least formalized phase of alternative dispute resolution. If the negotiation between the parties fails, the mediation phase is following (either regulated by law or not). The dispute may escalate to binding arbitration that replaces judicial decision. In each of these stages there is specific regulation of how it is possible to use electronic evidence - from an unregulated phase in the initial stage of the dispute resolution followed by formalized procedure in the case of arbitration. The article will try to define legal limits in various stages of alternative dispute resolution and will focus on the formal requirements how to use electronic evidence with focus on Czech legislation. |
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