MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION ONLINE

Abstract

Abstract. Mediation is able to solve problems that seem unsolvable, and creates a basis for a long-term peace, sustainable development, maintaining partnerships even in the face of imminent crises. Today, on the background of the development of e-commerce, the digital economy is increasingly developing so-called online mediation, which, using modern methods of communication, Internet and video conferencing, as well as software, allows to resolve disputes at the time of its emerging. At the same time, of course, online mediation, or Online Dispute Resolution, should be treated with caution, soberly assessing its features, which is also the cause of its shortcomings. Online Dispute Resolution is carried out by technical means and often does not involve direct (including visual) contact between the parties. That is, nonverbal manifestations, characteristics of the voice, intonation remain beyond the perception of the opponent. Added to this the increased impact of intercultural differences and the increased risk of distorted perception of text messages. The disadvantages of online mediation include the lack of clear and uniform international rules on this procedure, although this shortcoming is partially offset by the availability of a number of software in this area (SquareTrade, Qualtrust, Youstice etc.), which has more or less the same procedure. However, the circle of supporters of this method of dispute resolution is gradually expanding. In recent years, online mediation has been embodied in one way or another in dispute resolution systems between buyers and sellers in online stores, such as Aliexpress, eBay, Amazon or Ozon, which have long used automated dispute resolution systems in which algorithms based on mediation are laid down. With their help, millions of disputes can be resolved or prevented every year.