LawTech.Asia

Southeast Asia's foremost Law & Technology Review

Category: Dispute Resolution

Recent Growth and Developments on Online Dispute Resolution in Southeast Asia

Written by Josh Lee and Professor Thomas G. Giglione

This is the first part of a two-part series on recent developments in online dispute resolution. These series was co-written by Josh Lee and our guest contributor, Professor Thomas G. Giglione.

Professor Giglione is an experienced commercial mediator, and is the Convener for the 2017 Asia Pacific Mediation Forum Conference in Da Nang, Vietnam.

Introduction

Notwithstanding the continued importance of “traditional” dispute resolution mechanisms such as litigation and ADR, online dispute resolution (“ODR”) has continued to grow in influence and importance as an enabling tool for lawyers in assisting clients with the resolution of disputes.

This development, however, has been patchy at best. Certain regions, such as South-East Asia (“SEA”), do not seem to have embraced ODR as compared to regions like the European Union (“EU”). This is in spite of the sustained explosion in growth of mobile usage and e-commerce in SEA – between January 2016 and January 2017, for instance, the number of internet users and mobile subscriptions in SEA jumped by 80 million and 62 million respectively.

In this 2-part series, we intend to bring attention to major ODR developments in the EU, and to explore the possibility of applying such developments in the SEA context. In particular, our two mini-articles will cover the following areas:

  1. Briefly trace the global development of ODR, and to identify the development phase that ODR is in today;
  2. Identify the latest major development on ODR in the EU, the pan-EU ODR system, and to examine its main features, strengths, and criticisms;
  3. Broadly assess the desirability and feasibility of implementing a region-wide ODR network in SEA, with suitable modifications, if any; and
  4. To this end, identify certain inroads that have been made so far towards the implementation of such a region-wide ODR network in SEA.

The first part of this series will cover (a) by tracing the global development of ODR, and attempt to identify the phase of development that ODR is currently in.

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The 8th Asia Pacific Mediation Forum Conference in Vietnam

Interview by Amelia Chew & Josh Lee

Interview with Thomas G. Giglione, Online Dispute Resolution expert and Convenor of the 8th Asia Pacific Mediation Forum Conference

The 8th Asia Pacific Mediation Forum (APMF) Conference taking place in Da Nang, Vietnam from 11 to 13 November 2017 aims to enhance cooperation, collaboration and networking on issues relating to mediation and other conflict transformation processes. The theme for the conference this year is “The Future of Mediation in the Asia Pacific Region” and the role of technology in dispute resolution processes is set to be a key topic discussed at the conference. We sat down with the Convener for the 2017 APMF Conference, Thomas G. Giglione, to find out more about the plans for the conference.

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What Will The Lawyer’s Office Of The Future Look Like?

Written by Josh Lee | Edited by Amelia Chew

Introduction

During his speech at the Opening of the Legal Year in 2017, the Honourable Chief Justice of Singapore Sundaresh Menon spoke about a determined push by the legal profession towards embracing technologies that will enhance effectiveness and productivity in the legal workplace. With this backdrop in mind, as well as the mainstream acceptance of technologies, such as artificial intelligence, virtual reality and cloud storage, what sort of workplace might lawyers expect to see in the future?

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Virtual Fighter – Online Dispute Resolution

Written by Josh Lee | Edited by Stella Chen, Micole Yang

Introduction

Predictions of the future often tell us that we will soon have robot housekeepers, cars that drive themselves, and holidays in space. While these may be still some time away, it is already possible today to imagine a future where we no longer think of going to a physical location (the courts) to resolve our disputes. The ongoing revolution in communications technology and artificial intelligence systems may soon allow us to dispose most of our problems with a click of a mouse button.

This article seeks to give a general introduction to our readers about the phenomenon of “online dispute resolution” (“ODR”). This includes: (a) covering the definition of ODR and what ODR generally entails, (b) a brief coverage of current and prominent examples of ODR, and (c) examining the opportunities for ODR in light of growth trends in the region, and what young lawyers and law students can do (now) to leverage on the ODR trend.

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