사법 접근성 제고를 위한 ODR 프레임워크 구상에 관한 연구

Abstract

This study argues that despite the growing discourse around ADR (Alternative Dispute Resolution), it has not sufficiently improved access to justice. Key limitations include the partial waiver of legal rights, neglect of vulnerable populations, the risk of exploitation due to socio-economic disparities, and the limited efficiency of arbitration compared to litigation. To address these issues, this paper explores a framework for ODR (Online Dispute Resolution) that extends beyond merely digitizing ADR processes. ODR should be conceived as a generalized virtual space supported by digital platforms and AI technologies, enabling parties to engage in self-directed and efficient dispute resolution. An effective ODR framework should incorporate: ①robust digital platform infrastructure, ②communication functionalities, ③AI-assisted resolution tools, ④advanced technology integration, and ⑤user-centered design. Furthermore, user accessibility must be prioritized, with emphasis on procedural flexibility, affordability, ease of use, and empowerment. As ODR evolves through stages-from traditional methods to fully automated systems-guiding principles such as human rights protection, fairness, transparency, and user control must be upheld to prevent new forms of exclusion or inequality.