An Asian Perspective on Online Mediation

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