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Mobile Technologies for Conflict Management: Online Dispute Resolution, Governance, Participation
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Alternative dispute resolution
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The trends now are electronic transactions, e-banking, e-commerce, crypto currency, financial technology etc. Fortunately, dispute resolution has grown beyond the four walls of a room. ODR is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. The parties may use the internet and web-based technology in a variety of ways. It can also be viewed as a domain of dispute resolution which uses technologies to facilitate the resolutions of disputes between parties9. The internet has created a virtual environment in which people and entities relate, make transactions and have disputes.
Of course, this form of environment is advantageous for some shy individuals who express themselves better online then in face to face environment. Information technology is of particular significance to dispute resolution especially as some dispute and ADR processes involve processes of information exchange or communication.
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Three forms of information technology relevant to dispute resolution are telecommunications, computer technology and audio-visual technology In response to the growth of ODR, the American Arbitration Association AAA which is the largest business- business dispute resolution organisation in the US recently launched its electronic commerce Group eCg initiative to provide for dispute resolution in online marketplaces across the globe.
ODR if properly utilised can lead to customer satisfaction by resolving disputes timely. However, the problem with ODR is in determining the extent of communication that must take place online for a dispute resolution process to be classified as ODR. This is particularly necessary because if what we have is simply the fact that the award was sent by way of mail, then such a mode of communication cannot be said to constitute ODR This is particularly on account of divergent legislations, lack of case laws, controversies surrounding the exact seat of arbitration in the case of online arbitration.
Does the seat even exist at all? This is even compounded by the fact that there is no comprehensive legal instrument on ODR both locally and internationally.
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This is in view of the fact that digital communication can be misused especially where the party is a careless or a carefree type. The possibility of the online process being hacked cannot be ruled out.
Also, the assurance that the personal information of the parties would be safe is not guaranteed. The foregoing is natural especially as the identity of the person you are dealing with is not clear. For example, wills such that where it is absent, such a document is null and void and of no legal effect.
Digital signature is an authentication method that uses public-key cryptography The controversy surrounding digital signatures is its level of authenticity. It would amount to a total waste of time, resources and energy coupled with the fact that damage is still being done to the complaining party. In the end it all boils down to square one.
This is because ODR is a distinct form of dispute resolution on its own. The foregoing is however, not a denial of the fact that ODR has its roots in face-to-face disputes. The result of this is that ODR would provide a limited capacity to express complex emotions and it excludes body language. ADR enjoys the aforementioned.
Where there is a total outpour of parties anger and emotions, then resolution is on the way because the mediator or conciliator as the case may be knows exactly what the real issue is and then facilitates settlement to that effect.
On the other hand, technology may be employed during the course of any ADR proceedings including arbitration. The use of technology may shift costs. For instance, a technologically supported ADR session such as videoconferencing may reduce travel cost of the parties and the facilitators or arbitrators respectively. However, the availability and use of Information technology in ADR raises questions like acceptability, effectiveness. Hence, the hybrid approach should be embraced.
This means that both forms of dispute resolution can be adopted concurrently beginning with ODR to ensure preliminary contact and reduce travel costs.