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 adispute on the Internet (e.g. e-commerce) it is oftenappropriate to solve the conflict online and if possible to support factual statements by electronic evidence (it is however possible to solve the disputes onlineeven though they have commenced offline).

This article will discuss possible use of electronic evidence in negotiation betweenthe parties, which is the initial and the least formalized phase of alternativedispute resolution. If the negotiation between the parties fails, the mediationphase is following (either regulated by law or not). The dispute may escalate toabinding arbitration that replaces judicial decision. In each of these stages thereis aspecific regulation of how it is possible to use electronic evidence - from anunregulated phase in the initial stage of the dispute resolution followed by formalized procedure in the case of arbitration. The article will try to define legallimits in various stages of alternative dispute resolution and will focus on the formal requirements how to use electronic evidence with focus on Czech legislation.