ABSTRACT
This chapter analyzes the transition from traditional mediation to online mediation. The use of quality and ethical standards will gain more importance as soon as online mediation service providers have succeeded in satisfying an actual need of offering ODR services to a significant number of consumers. Online mediation is often carried out through written exchanges, which lack the main factors of offline mediation, ie the face-to-face communications. Mediation can be employed in a variety of settings, including court-annexed or private, offline or online. The dynamics of computer mediated communications are also reviewed by the illustration of two ODR service providers: SmartSettle and SquareTrade. The chapter examines the main self-regulatory procedural principles of online mediation. It balances necessary principles for effective online mediation: flexibility, legal certainty, confidentiality and transparency. The chapter also examines the adequate approach to ensure impartiality, fairness and the protection of the weaker party.
