VDM Verlag Online Alternative Dispute Resolution: A Solution to Cross-Border Electronic Commercial Disputes

E-commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. This book argues when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise the growth of e-commerce. In analysing OADR, one must contemplate the value of fair process which OADR solutions are subject to. A big challenge for traditional dispute resolution processes, such as ADR, will be to adapt to the internet and capitalise on the new possibilities it presents. Another challenge will be to maintain the integrity and meaning of dispute resolution processes as they move online. Perhaps the greatest will be to design an OADR system which represents an effort at balancing, the need to provide effective mechanisms that increase access to justice, without which there seems little point in introducing the system and the need to provide just and fair administration of OADR processes without which the OADR outcome(s) will be cast in doubt.