The Nemesis project was presented and funded by the European Commission.
Seraphin.legal is carrying out this project on behalf of the Research Executive Agency (REA).
Within Seraphin.legalMarco Giacalone, Doctor of Law and Research Associate specialising in online dispute resolution, is the head of this R&D programme.
Presentation of the project
The Nemesis project focuses on linking advanced research on online conflict resolution from an academic point of view - and the real online world - with all the different cases and practical issues to be faced in everyday life - in order to develop a common path with a solid research base.
This project is about legal research with interdisciplinary aspects, integrating knowledge from disciplines such as computer science, economics and regulatory theory. While academics and regulators are concerned about the forms and number of ODR providers, a thorough study of the practical implications of online negotiation and mediation is lacking.
It is one of the first to apply an academic and practical perspective to online negotiation and mediation. The literature search will be enriched by the results of the workshops - an innovative approach to legal research.
State of play
The starting point of this R&D project is the following:
- Institutions and legal professionals are not able to provide a satisfactory and effective response to online disputes
- The judiciary cannot deal quickly and effectively with disputes related to freedom of expression on social networks or consumption of digital platforms
- Publishers of social networking services or eCommerce platforms are not legitimate to propose themselves systems for settling disputes arising on their platforms + the jurisdiction clauses of their TOS often refer to jurisdictions outside the parties (e.g. Californian jurisdictions)
Scope of the experiment
The pilot will target the following 3 countries: Belgium, France and Italy.
The 4 objectives of the experimentation, through the creation and development of the legal algorithmNemesis''are the following:
- A service for pre-qualifying the legal nature of a dispute
- A mediation and arbitration centre referral service for the settlement of digital disputes
- Provision of digital mediation by specialised professionals.
- Evaluation of the effectiveness of the system and the rate of amicable settlement of disputes by relying on a network of professional mediators or digital specialists.
Achievements and deliverables of the experiment
Guiding Principles for ODR platform: soft law to define the main technical-legal principles
NEMESIS objective is to develop guidelines to regulate Online dispute resolution platforms based on e-mediation and e-negotiation.
NEMESIS' overarching research question is: considering the practical analysis of current cases in different identifiable civil sectors, is additional regulation needed, and if so: how should online dispute resolution based on e-mediation and e-negotiation be regulated?
👉 S ee the latest version of the draft Guiding Principles for ODR platform
Legalbot Nemesis: a legal assistance algorithm to pre-qualify digital litigation and propose dispute resolution solutions
This Nemesis virtual assistant is an algorithm developed by Thomas Saint-Aubin and Marco Giacalone.
Legal Client Management: a solution for managing litigation online
As part of the experiment, we developed an online solution for managing the litigation phase. This solution can be used by a lawyer, a judge, a mediator or an arbitrator and offers different solutions for managing the dispute online.
ODR drive
Legal Client Management allows practitioners to have a tree structure of files specific to each litigation. It has the possibility to share access rights (read or write) to the different parties involved in the litigation, by folder or by file.
Typical file trees are proposed by type of dispute (notably on eCommerce and Cyberbullying disputes).
ODR cat
Legal Client Management allows practitioners to initiate a discussion between parties to disputes. In particular, the solution allows sharing files and initiating different conversations, for example to prepare a mediation or arbitration session.
Nemesis decision generator: algorithms to assist the practitioner in drafting a decision on a digital dispute (in French law)
Based on the Seraphin Contract Management solution, the project team has developed several algorithms to generate a first version of the decision.
These decision generation algorithms can for example be useful for drafting the presence of an arbitrator or the decision of a non-specialised judge. The algorithm is regularly updated with decisions rendered by our partner mediation and arbitration centres and with decisions available in open access on Legalis.
Publications and articles written in the framework of the experiment
Thomas Saint-Aubin ;: Une Justice numérique pour une Justice plus humaine.
La semaine juridique - édition générale, LexisNexis, 2018. ⟨hal-01969110⟩
👉 Request a presentation of the NEMESIS project and deliverables: thomas@seraphin.legal
