Mediation in the age of technology: Transiting from the world of atoms to world of bits

Abstract

The paper explores the intersection of technology and mediation in the context of cross-border disputes. While mediation traditionally involves in-person interaction, the increasing reliance on technology in various aspects of life prompts a critical examination of its potential role in dispute resolution. The paper focuses on the heterogeneity of disputants engaged in transnational mediation, and the evolving practice areas underscore the complexity and cultural nuances involved in cross-border mediation. The paper also highlights the pervasive influence of technology in modern life and questions the traditional resistance of mediation to technological integration. Finally, the paper advocates for embracing technology as a fourth party in mediation, rather than restricting its use. The need for mediators to adapt to technological advancements is underscored to ensure the continued relevance and effectiveness of mediation in an evolving global landscape.