Dispute Resolution in Cyberspace Essay -- Internet Communication Essay

Dispute Resolution in Cyberspace Alternative Dispute Resolution (ADR) methods have been in use since the early days of civilization.(1) In the middle ages, crimes were seen as acts of injury caused by one person against another. The parties were expected to reach an agreement that would restore both parties and the community to a state where all involved healed from injury.(2) As civilization has evolved, so has the types of conflicts and perspectives on conflict. The basic premise of conflict will always be the same: â€Å"an expressed struggle between at least two interdependent parties who perceive scarce resources, incompatible goals and interference from the other party in achieving their goals.(3) However, the ways in which parties can interact with each other has changed over the centuries. During the middle ages talking or writing about someone in your own village or country would not effect others thousands of miles away. Historically, conflicts are perpetuated by physical interactions, by people who know each other or who have at least seen each other. With the advent of Internet technology it is possible to effect the lives of hundreds of thousands of people in a matter of hours anywhere on the planet.(4) In cyberspace it is possible to have a conflict over something that does not even physically exist or that can be changed with a push of a button. Internet technology also changes the way communication and information management are used in dispute resolution. With the invention of the fax machine and e-mail it is now possible to instantaneously distribute large quantities of information to anyone, anywhere.(5) Since the invention of real time chat and electronic conferencing, it is no longer necessary to have bot... ...ing the Walk, 15 February 1997: www.voma.org/doc/mhwalk.html. Katsh, Ethan M., â€Å"Dispute Resolution in Cyberspace,† 28 Conn. L. Rev. 953 (1996) :1-4. www.umass.edu/legal/articles/connmain.html. Katsh, Ethan,â€Å"The Online Ombuds Office: Adapting Dispute Resolution to Cyberspace.† 1-10. www.law.vill.edu/ncair/disres/katsh.htm. Leibowitz, Wendy R.,â€Å"Lawyers and Technology: Let’s Settle this, Online,† The National Law Journal (July 5, 1999) : 1-3. Nagle Lechman, Barbara A.,Conflict and Resolution, New York: Aspen Law & Business, 1997. Perritt, Jr., Henry H., â€Å"Electronic Dispute Resolution,†paper delivered at the On-line Dispute Resolution, Washington, DC.22 May 1996:1-14. www.law.vill.edu/ncair/disres/PERRITT.HTM. Severson, Margaret M. and Tara V. Bankston, â€Å"Social Work and the Pursuit of Justice Through Mediation,† Social Work 40 no. 5 (1995) : 683-691.