Internet Characteristics and Online Alternative Dispute Resolution

Abstract

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (OADR) can maximize the growth of e-commerce.

This paper argues that the advent of the internet has created challenges and opportunities for dispute resolution mechanisms and particularly ADR. These challenges and opportunities are interconnected inexorably with each other and with internet characteristics. This paper concludes that a number of technical issues need to be addressed if there is to be a swift and successful deployment of OADR mechanisms in a cross-border environment. Some uncertainties remain due to technological limitations. Indeed, the growth of OADR is tied to the development of technology.