Online Mediation: Pros, Cons, Perspectives and Challenges

Abstract

By the scope of this paper, the authors are making an attempt to address the general issue regarding the online mediation, which is rapidly growing in many jurisdictions around the world. Online mediation, being one of the most popular forms of the so-called online dispute resolution, is supposed to bring broader accessibility to justice system for many groups of people. The authors will take into consideration the impact of online mediation on the variety of factors, such as time and cost, efficiency, case management, impartiality, control and parties’ convenience. They will also take a closer look to the problem of confidentiality and enforceability issues that may naturally arise after application of online mediation to some cross border disputes. The subject of in-depth analysis is therefore to reconstruct the advantages, disadvantages as well as perspectives and challenges that stand before this institution. Also de lege lata and de lege ferenda proposals to eliminate any kind of barriers for greater use of online mediation will be discussed.

Paper submitted on Dec 3, 2016.

Accepted for publication on Feb 12, 2017.