Getting Divorced Online: Procedural and Outcome Justice in Online Divorce Mediation

Tilburg University TISCO Working Paper

21 Pages Posted: 2 Feb 2011

See all articles by Martin Gramatikov

Martin Gramatikov

Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (TISCO); Tilburg University - Private Law Department and Faculty of Law; Tilburg Law School

Laura Klaming

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT); Tilburg University - Private Law Department

Date Written: February 1, 2011

Abstract

In this paper we discuss a study of the experiences of 126 individuals who participated in online divorce mediation in The Netherlands. Divorce is a dispute in which the parties have to distribute a large pool of assets and responsibilities. The distributive dimension of divorce substantiates the expectation that one of the parties may be more content with the outcome than the other. The results of the study show that the divorcees do not differ substantially in how they perceive the quality of the procedure and the quality of the outcome. Both parties assigned relatively high scores to both the procedure and the outcome. This finding suggests that the online mediation process and its outcome are perceived as equally fair by both parties. However, there is a noticeable distinction within the couples in the reported costs of the procedure. Men tend to report higher monetary and time costs, whereas women are more concerned with the intangible costs of the online mediation – negative emotions and damage to important relationships. Overall, our findings suggest that online divorce mediation is a viable alternative to both offline mediation and other more traditional modes of dispute resolution in divorce.

Keywords: Online Dispute Resolution, Procedural Justice, Costs of Justice, Distributive Justice

JEL Classification: K4, K1, D63, D74,

Suggested Citation

Gramatikov, Martin and Klaming, Laura, Getting Divorced Online: Procedural and Outcome Justice in Online Divorce Mediation (February 1, 2011). Tilburg University TISCO Working Paper, Available at SSRN: https://ssrn.com/abstract=1752903 or http://dx.doi.org/10.2139/ssrn.1752903

Martin Gramatikov (Contact Author)

Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (TISCO) ( email )

Warandelaan 2
P.O. Box 90153
Tilburg, 5000 LE
Netherlands

HOME PAGE: http://www.tilburguniversity.nl/webwijs/show/?uid=m.a.gramatikov

Tilburg University - Private Law Department and Faculty of Law ( email )

P.O. Box 90153
Tilburg, DC Noord-Brabant 5000 LE
Netherlands
+31 13 466 2980 (Phone)

HOME PAGE: http://www.tilburguniversity.nl/webwijs/show/?uid=m.a.gramatikov

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands
+31134662980 (Phone)

HOME PAGE: http://www.tilburguniversity.edu/webwijs/show/?uid=m.a.gramatikov

Laura Klaming

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Tilburg University - Private Law Department ( email )

Tilburg, 5000 LE
Netherlands

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
556
Abstract Views
4,452
Rank
93,333
PlumX Metrics