Study On Non-adjudicative Online Dispute Resolution

The combination of negotiation, mediation and ICT brings us opportunities and also challenges. In fact, good design and appropriately application of online negotiation and online mediation has been proved to be successful. And the application for online negotiation and online mediation which covered by non-adjudicative online dispute resolution has had a mature theoretical support abroad, while here at home, the relevant book, thesis and research are of great deficiency. It is a necessary and pressing issue to make a research and improvement on the non-adjudicative online dispute resolution.This paper primarily introduces the current situation of application for non-adjudicative online dispute resolution (mainly about the online negotiation and online mediation) and its development prospect, and proposes some suggestion to overcome the barrier which may prevent it embracing a widely application. Defining itself as a summarized paper, this paper uses the methods of literature research and comparative analysis to elaborate the development of non-adjudicative online dispute resolution overseas, to figure out the problems in the application and development of online negotiation and online mediation, by make a comparison of their advantages and disadvantages. Based on this and the situation of non-adjudicative online dispute resolution in our country, with reference to the measure abroad and the rules to resolve online dispute made by the Working Group III of the United Nations Commission on International Trade Law, this paper wants to offer an idea for improving non-adjudicative online dispute resolution of our country.This paper argues that non-adjudicative ODR will gain wider use in the new situation. We should be more open-minded to absorb more valued methods into diversified dispute settlement system. We should give full play to a comprehensive problem-solving method which non-adjudicative ODR advocates. In order to combine non-adjudicative ODR with adjudicative ODR better, we should continue improving the system of online negotiation and the system of online mediation.