Journal of Arbitration Studies (한국중재학회지:중재연구)
- Volume 19 Issue 2
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- Pages.155-178
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- 2009
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- 1226-3699(pISSN)
Communicative Information Technologies and Development Strategies of ODR from the Practitional Perspective
의사소통 정보기술과 ODR발전전략 : 실무적 관점을 중심으로
Abstract
The ODR can be categorized into four distinctive types. First type is the asynchronous non-demeanour method. Second type is the asynchronous demeanour method. Third type is the synchronous demeanour method. Fourth type is the synchronous demeanour method. A typical example of the asynchronous and non-demeanour method is e-mail. The example of the synchronous and non-demeanour method is tele conference. The example of the asynchronous demeanour method is video recordings. The example of synchronous and demeanour method is video conference. The primary benefit of e-mail is to avoid the physical violence. But the costs of email is the lack of emotional aspects of disputants. The benefits of tele conference is ease of use, and reduces the negative aspects of face to face communication. but the costs are limitation of the exchange of written information. The benefits of video conference is the approximation of face to face communication by providing oral as well as visual communication. but it is insufficient to represent eye contact. The common limitations of ODR are as follows. First is the lack of human face. Second is the neutrality of arbitrators and mediators. Third is the authenticity of electronic document. Fourth is the digital divide across South and North and generations. Fifth is the cross-cultural communication. The development strategy of ODR is the training and education of arbitrators and mediators in the area of writing skill. Furthermore, it is necessary to supplement the weakness of email via diverse kinds of expressions to show emotions. Finally, it is necessary to train neutrals in the area of cross-cultural communication.