New Approach to Dispute Resolution in Digital Transformation Age

Abstract

In the age of digital transformation, technologies are used in more aspects of life. Many businesses are trying to adapt themselves to keep up with this digital transformation age. Some are clearly implementing technologies such as trading electronically known as e-commerce. However, many disputes will occur and require appropriate settlement process.  In this article, a new approach to dispute resolution in the digital transformation age will be analyzed. There are many problems when electronic transaction disputes are settled in court such as prosecution delays, problems of maintaining relationships between dispute parties, confidentiality, etc. Therefore, instead of court proceedings, alternative dispute resolution should be implemented in business disputes with the help of electronic systems, which is called online dispute resolution (ODR). This includes online negotiation, online mediation and online arbitration. There are many benefits from online negotiation, such as convenient process, saving time and reducing costs. However, it can be used in disputes involving numbers only. Online mediation is appropriate for e-commerce disputes. Comparing to dispute resolution in court or arbitration, online mediation is a more convenient process and cost-effective, making it suitable for e-commerce disputes involving small amount of settlement. Online arbitration is the best solution because it is time-saving, confidential, and enforceable in foreign countries. However, it entails high operation costs, so it is more suitable for disputes involving large amount of settlement. For ODR to be used in Thailand, dispute parties, agencies and people need to have a good understanding of ODR. Moreover, technologies required to be used in ODR must be developed.