Аннотация:
Mediation is an appropriate dispute resolution method because of the possibility of resolving disputes peacefully and determining the outcome of the dispute by the parties. Online mediation in e-commerce disputes, despite of the special circumstances of the parties due to the distance and impossibility of face-to-face meeting, allow individuals and business activists to resolve their disputes peacefully. In the current study, online mediation has been studied In terms of "concept and characteristics", "advantages", "disadvantages", "process", "resolvable disputes", "enforcement of outcome" and "existing strategies for progress", so that by clarifying the different legal aspects of this dispute resolution method, individuals can decide whether it is appropriate to use this dispute resolution method or not. Finally, the present article has reached the conclusion that due to the emergence of various technologies, in most disputes, online mediation can be exploited. At the same time, the lack of enforceability of online mediation results in most cases and the lack of guarantee for non- disclosure of confidential information in the dispute resolution process are the main problems of this method that can be solved by enacting comprehensive rules and training mediators.
Автоматическая аннотация:
Because, considering the lack of international regulations and institutions, the parties to the dispute will face numerous legal problems in using other dispute resolution methods, including the ambiguity of the governing law of the dispute and the competent authority for its adjudication, and also due to the distance, the possibility of holding in-person hearing sessions does not exist (:1998 Bordone; 205: 2006 Blankley & Cole).
In response to the above objection, it should be said that firstly, such a matter is one of the characteristics of online mediation, and naturally the parties, due to special considerations, such as distance, freely decide to use the aforementioned dispute resolution method by accepting all its requirements; Secondly, the exchange of information between the parties and the mediator is not always desirable, and sometimes expressing oral, emotional, and personal matters in mediation sessions may create misunderstandings between the parties and disrupt the focus of the parties' negotiations on the main dispute (740: 2017-2016 Condlin; 282: 2011 Hoffman; 177-176: 2018 Zhao); Thirdly, considering the development of internet communication tools, today it is possible to establish visual and audio communication online, which is somewhat similar to traditional mediation sessions (: 2000 Beal 1: 2019 Goodman; 735); Fourthly, in some cases, due to high tensions between the parties to the dispute, face-to-face communication between the parties is not recommended, and considering the possibility of the mediator intervening as an intermediary to control the mediation process and prevent the expression of emotional and aggressive statements, the possibility of reaching a mediation agreement increases (438-437: 2005 Raines).
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