Dispute Resolution in Cyberspace Essay

3059 Words 13 Pages
Dispute Resolution in Cyberspace

Alternative Dispute Resolution (ADR) methods have been in use since the early days of civilization.(1) In the middle ages, crimes were seen as acts of injury caused by one person against another. The parties were expected to reach an agreement that would restore both parties and the community to a state where all involved healed from injury.(2) As civilization has evolved, so has the types of conflicts and perspectives on conflict. The basic premise of conflict will always be the same: “an expressed struggle between at least two interdependent parties who perceive scarce resources, incompatible goals and interference from the other party in achieving their goals.(3)

However, the ways in which parties
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These conflicts are different from traditional disputes, therefore, new methods of ADR need to be developed to meet the needs of these users.

On May 22, 1996, the National Center for Automated Information Research (NCAIR), held a conference on On-Line Dispute Resolution in Washington, D.C. This conference brought together experts from the Cyberlaw Institute (CLI), Georgetown University, American Arbitration Association (AAA),Villanova Center for Information Law and Practice and MCI.(8) These experts discussed and designed regulations for the first active online ADR system on the Internet. Since May 1996, other organizations have set up shop online.

The three common ADR methods that are used on the web are arbitration, mediation and ombuds. Arbitration used in the Virtual Magistrate project and CyberTribunal, is a process where a neutral third party hears a presentation by the disputing parties and makes a decision which can be legally binding. Arbitrators traditionally received their power from the contracts of the parties.(9) Most contracts have arbitration clauses stating that if the parties become
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