The Role of Digital Diplomacy in ADR Processes

Abstract

As interactions and transactions increasingly occur online, alternative dispute resolution (ADR) processes like mediation are adopting virtual practices. However, critics argue foundational ADR values around neutrality, consent, and confidentiality are threatened in digital environments. This research aimed to conceptualize an original framework called “digital neutrality” to provide ethical guidance for mediators and ADR practitioners operating online. The study pursued a multi-phase methodology encompassing: conceptual analysis of technology impacts on core mediation principles; comparative review of standards in existing codes of conduct; surveys assessing practitioner perceptions; semi-structured interviews with experts to refine proposed concepts; draft code development; and a test study evaluating initial implementation in practice. Findings revealed significant gaps in current training and policies addressing salient issues like algorithmic bias, privacy, security, accessibility and emerging technologies. A majority of mediators desired more guidance on translating ethical values into digital contexts. In response, digital neutrality was conceptualized as a practical orientation for using online tools impartially, obtaining informed consent, protecting confidential data, ensuring accessibility, and continually updating competencies. Duties outlined aim to sustain core ADR principles while allowing thoughtful innovation.