Online Mediation in the Field of Trade: Qualitative Analysis from the Experience of Some Countries Around the World and Lessons Learned in Vietnam

Abstract

Background: The Industrial Revolution has promoted the development of the digital economy and e-commerce. This also leads to an increase in disputes related to online transactions. From the above issue, the legal corridor regulating issues related to online mediation activities has initially formed and developed strongly in a number of countries such as India, Japan, and European Union countries. However, from the perspective of Vietnamese law, this form of mediation is still quite new, and it will take time to develop regulatory policies related to this issue. Research Methods: Within this article, to clarify the research issues, the authors used the following specific research methods: (i) Qualitative Research methods, (ii) Exploratory research method; (ii) Inductive and deductive methods; Statistical and synthetic methods; (iii) Comparative method. Results: Through reasearch, the authors show some results achieved when applying online dispute resolution methods in the European Union, India and Japan. From there, we summarise some experiences when applying online mediation in Vietnam in the current context of digital transformation. Conclusion: In the context that Vietnam is implementing judicial reform, the use of technology to serve in trial work is necessary. However, current legal regulations related to online trial and mediation in Vietnam have not been specified and guaranteed legality yet. From those, with the implementation of technology applied in trials, conducting online mediation in some countries will be one of the useful experiences, helping Vietnam perfect its legais mechanism in the future.