Online dispute resolution: Does the system actually enhance the mediation framework?

Abstract

Online mediation as a form of Online Dispute Resolution has become a global movement that is increasingly actively developed as a form of mediation flexibility which is believed to increase the effectiveness and efficiency of alternative dispute resolution through the use of technology as the purpose of the Online Dispute Resolution itself. This paper aims to i) identify the obstacles and challenges faced in implementing online mediation; and ii) analyze the effect of the Online Dispute Resolution system on enhancing the mediation framework. This paper uses a normative juridical method, with the results showing that i) because it is a system that is still being developed, the implementation of online mediation still faces various obstacles and challenges; and ii) the obstacles and challenges faced in implementing online mediation are barriers to enhancing the mediation framework. Instead of providing an increase in the process, the use of technology in mediation actually seems to present new problems, such as causing legal uncertainty, security and confidentiality are not guaranteed, difficulties in building relationships, and so on. Online mediation is still in the development stage without clear rules and boundaries. If these barriers can be overcome, then the Online Dispute Resolution system can achieve its goals and enhance the mediation framework, so that an alternative dispute settlement will be created through mediation that is more effective and efficient.

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