Effectively Leveraging Technology in Mediation – Suggestions for a Way Forward in Asia

Abstract

When conflicts are not resolved in today’s connected world, disputes inevitably arise, leading to loss of business and credibility. Demand for dispute resolution, both domestic and cross-border, is on the rise, and mediation is a popular way to resolve disputes quickly and cost-effectively. However, despite the growth in the use of technology in various aspects of our lives, mediation in Asia has been slow to embrace technology. This paper starts with a brief introduction to Online Dispute Resolution (“ODR”) and its history. It then seeks to explore how technology can be effectively leveraged in the mediation context, with a focus on the prospects in Asia. Looking to models from around the world, this paper considers the various types of online mediation and their potential benefits and possible pitfalls. Finally, this paper also seeks to address the question of how mediators can and should adapt their practice for the online context.

Keywords: online dispute resolution, ODR, Mediation, technology