Power and Persuasion in Online Dispute Resolution

Abstract

The area of Alternative Dispute Resolution (ADR) is growing worldwide, as it provides parties with an opportunity to avoid the costs, delays and complications often associated with traditional court proceedings. Some forms of ADR involving smaller disputes are now increasingly being carried out on online platforms. In this emergent field of Online Dispute Resolution (ODR), it has been noted that although the theory is essentially the same, in practice the interaction is also influenced by the presence of a theoretical ‘fourth party’, the software tools that structure the ODR process, which bring about small changes in the way the dispute resolution proceedings are conducted, and possibly lead to alterations in the power balance between participants. This paper provides a detailed case study of the way power and persuasion are exercised in one ODR platform, namely the Virtual Mediation Lab. We examine the discursive relationships that are constructed between the mediator and participants, and how this may be influenced by the use of an ODR platform. My conclusions provide a reflection on the issue of power in ODR, discussing ways in which the mediator subtly exercises persuasive influence: the structure of the online platform places greater power in the hands of the mediator, ultimately exerting stronger coercive effects on the participants in ODR processes.