An Asian Perspective on Online Mediation

Asian Journal on Mediation, Vol. 1, No. 1, 2005

U of Melbourne Legal Studies Research Paper No. 158

24 Pages Posted: 18 Aug 2006

See all articles by Sanjana Hattotuwa

Sanjana Hattotuwa

University of Queensland

Melissa Conley Tyler

University of Melbourne - Law School

Abstract

New information and communication technologies such as the internet offer new capabilities for mediators. Online dispute resolution (ODR) refers to dispute resolution processes such as mediation assisted by information technology, particularly the internet. At least 115 ODR sites and services have been launched to date, resolving more than 1.5 million disputes. A number of these online dispute resolution services have been launched in the Asia Pacific including examples from China, the Philippines, Malaysia, Singapore, Australia and Sri Lanka.

However this paper challenges the current paradigm being used for development of online dispute resolution and its application to the Asia Pacific region. Instead, it suggests that a more Asia-Pacific perspective needs to be taken that responds to the patterns of technology adoption in this region. In particular, the next generation of online dispute resolution systems will need to reflect the rich diversity of cultures in Asia and its unique socio-political textures. In doing so, these ODR systems will need to address peacebuilding and conflict transformation using technologies already prevalent in the region, like mobile telephony and community internet radio. Practical suggestions are made for future areas of development in ODR after a brief exploration of key challenges that influence the design of such systems.

Keywords: mediation, asian perspective, online dispute resolution

JEL Classification: K00

Suggested Citation

Hattotuwa, Sanjana and Conley Tyler, Melissa, An Asian Perspective on Online Mediation. Asian Journal on Mediation, Vol. 1, No. 1, 2005, U of Melbourne Legal Studies Research Paper No. 158, Available at SSRN: https://ssrn.com/abstract=925159

Sanjana Hattotuwa

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Melissa Conley Tyler (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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

Paper statistics

Downloads
394
Abstract Views
1,892
rank
93,832
PlumX Metrics