Originally from Dispute Resolution Journal

The Internet, no doubt, has revolutionized our lives. It is here to stay. In fact, Robert Gordon maintains in this article, it is just a matter of time before the Internet is used widely as a venue for ADR. The benefits are clear: efficiency, convenience, accessibility, and cost-effectiveness. Virtual ADR can be particularly useful in large multiparty disputes involving different companies from different countries; in resolving secondary issues prior to face-to-face ADR sessions; and other cases involving parties unable to meet in person. Virtual ADR, however, brings into play certain factors that may not exist in a traditional session. For one, the Internet levels the playing field in a unique way. “In cyberspace, all communicants are equal,” says Gordon. The Internet provides an opportunity to overhaul one’s presentation of oneself in a way that is, perhaps, impossible in face-to-face dispute resolution processes. The author discusses the dynamics of what he calls the “electronic personality” or “digital self,” and how it affects online ADR.

ADR is nothing if not flexible. Indeed, flexibility and the capability to reach common consensus through a broad and open-minded consideration of issues in dispute—no matter how baffling and contentious—is the hallmark of ADR. This stands in marked contrast to other forms of dispute resolution, including, most notably, litigation and its scorched-earth, take-no-prisoners, blow-’em-up style.

Just think how vastly different things might have been during the raucous presidential election just passed if Al Gore and George W. Bush had sent their lawyers home and came together to work out their vexing voting issue differences through a statesmanlike meeting of the minds.

ADR is quick to adopt highly creative new means—med-arb, arb-med, mini-trial, early neutral evaluation, summary jury trial, private judging, mediation and last offer arbitration (MEDALOA), so on—so that disputes of all types can be quickly and efficiently resolved. Might online ADR also become another popular methodology for dispute resolution in the future? My guess is yes because of the Internet’s astonishing capabilities and features.

The Benefits of the Internet

The Internet offers truly remarkable benefits for Web surfers worldwide. Internet users can instantaneously communicate with each other in real time utilizing the latest online streaming video and audio technology. E-mail can be sent around the globe in seconds, and at no additional costs other than standard connect fees. The Internet places users immediately in touch with an incredibly vast storehouse of information and knowledge on every conceivable topic.

Music lovers can go on the Internet to download the latest hit recordings and other selections at no charge. Radio buffs can tune in to their choice of AM and FM broadcasts that travel over the Internet from stations located in every city across the country and around the globe. It won’t be long before the Web broadcast of movies and TV shows becomes readily available. Through the Internet a dazzling array of participatory games, events, and other interactive and virtual reality entertainment is just around the corner.

Add it all up and the Internet’s breathtaking capabilities, unimaginable only a few years ago, seem nothing less than magical. Indeed, when it comes to cyberspace, there appears to be no limit to what is possible. The word “unique” is often overused; but the Internet is, without doubt, a unique new development in the world today.