• conflict prevention - a tool that automatically breaks down and classifies the types of complaints received in the ODR platform can be a valuable asset for regulators and traders allowing them to improve trading standards and avoid future disputes; • online negotiation - two basic models of online negotiation can be distinguished: assisted negotiation (categorizing disputes and matching them with solutions adopted by parties in similar past disputes) and automated negotiation or blind-bidding (used in situations in which both parties agree on the facts and liabilities, but disagree on the calculation of the loss or the type of remedy). Automated negotiation uses software that allows users to analyse their bargaining positions through evaluation and prioritization of offers and counter offers. Such offers are kept hidden during the negotiation, and are only disclosed when these offers match or enter into a pre-established range - hence the name 'blind-bidding'. • case management for the approved ADR/ODR entities – the case management function should offer a one-stop shop for consumers and traders, so that they will not need to use a different web interface for each ADR/ODR process. • monitoring and enforcement activities - the information contained in the ODR platform, if appropriately shared, could improve the enforcement role of regulators, assisting them to identify patterns of market failure and traders' bad practice as well as to ensure a quick response to fraudulent cross-border activity.6 The Committee on Legal Affairs and Human Rights of the Council of Europe recognizes that innovative use of modern information and communications technology (ICT) within courts on the one hand, and ODR procedures on the other, can play a role in overcoming existing barriers to individuals’ access to justice.7 Member States are thus encouraged to promote and further develop ODR mechanisms as part of their obligations stipulated in various sectoral directives. Thus, Art. 14 of Timeshare Directive 2008/122/EU stipulates that Member States should take the necessary measures in order to establish and develop an out-of-court complaints and redress procedures for the settlement of consumer disputes. Also, in order to effectively protect tourism service users, both Package Travel Directive 2015/2302/EU and Timeshare Directive 2008/122/EU oblige 6 Cortes, P. (2015). A new regulatory framework for extra-judicial consumer redress: Where we are and how to move forward. Legal Studies, 35(1), pp. 127-131. 7 See: Committee on Legal Affairs and Human Rights, Access to justice and the Internet: potential and challenges, https://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=22245&lang=en
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