글로벌 전자상거래 분쟁과 온라인 ADR에 대한 연구

The online alternative dispute resolution or online dispute resolution is an alternative to traditional dispute resolution in which two or more parties negotiates by electronic means in order to reach an agreement. The main advantage of online dispute resolution is that it is less expensive and less time-consuming than most traditional procedures. People who resolve their disputes online do not have to travel or attend meetings. Instead, they simply negotiate from their computers at home. Skeptics of Online ADR argue that it is less powerful than face-to-face negotiations because the absence of non-verbal cues interfaces with an understanding of the other party's interest. The types of online dispute resolution in this paper are online negotiation, online mediation, and online arbitration. The online negotiation consists of assisted negotiation and automated negotiation. The purpose of this study is as follows. First, this study is to show the detailed study of each segment of online dispute resolution. The Online ADR has its own benefits and pitfalls. This study show the benefits and pitfalls of each segment of the Online ADR. Second, this paper investigates the role of online dispute resolution as the possible solver of disputes in global e-commerce. The global e-commerce has multipled the number of cross-border transactions with connections to several countries that could have a legitimate claim for jurisdiction. Jurisdictional uncertainties may have several consequences including the inability of states to exercise legal power over transactions within their territories. This problem can be avoided by online alternative dispute resolution. Third, this paper is to evaluate future direction of Online ADR. For this purpose, this paper analyzes the various issues in implementing online dispute resolution such as impartiality, the cost-saving, information technology, and the role of third party neutral in dispute resolution in cyber space.