A Comparative Study of the Enforcement of Final Documents in Online Alternative Dispute Resolution Methods

Document Type : Original Article

Authors

1 Phd Student of Private Law, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran.

2 Assistant Professor of Private Law Department, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran.

Abstract

Mediation is one of the well-known dispute resolution methods, and due to the increase in the use of the Internet by individuals, the transfer of most businesses to cyberspace and the conclusion of many transactions by electronic means, in many lawsuits, parties tend to use online mediation to resolve their dispute. The present study examines the challenges of online mediation and the approach of international regulations and Iranian law towards them in the following topics, so that individuals and business actors can figure out the suitability of online mediation to resolve their disputes by taking into account the above considerations: "Lack of face-to-face communication in online mediation", "challenge of confidentiality in online mediation", "general reluctance of using online mediation in some cases", "weak control of meditator over online mediation", and "the difficulty of enforcement of online mediation". Finally, this article concludes that in case of insistence of parties on face-to-face communication, due to the lack of trust in the mediator, lack of access to the required communication technologies or inability to use them, as well as the lack of confidence in the confidentiality preservation of the other party and the mediator, the parties will face serious challenges to use online mediation. According to existing international regulations. Because of the need to a specific law on mediation in Iranian law, the present article suggests the Iranian legislature to enact a comprehensive law on mediation, including the special requirements of online mediation, so that individuals can benefit from the advantages of this dispute resolution method.

Keywords

Main Subjects

References

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History

  • Receive Date: 20 June 2022
  • Revise Date: 19 October 2022
  • Accept Date: 07 December 2022

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