IBA Annual Conference Rome 2018

7 Oct - 12 Oct 2018

Session Room P, Level -1

Session information

Mediating consumer disputes: new frontiers in technology
Session Room P, Level -1

Committee(s)

Mediation Committee (Lead)
Intellectual Property, Communications and Technology Section
Young Mediators Subcommittee

Description

Consumer disputes have certain unique elements that differ from other practice areas. At the same time, these peculiar requirements allow substantial flexibility to adopt technology. Rapid progress in cognitive computing gives us an opportunity to imagine the potential that adaptive, interactive and contextual tools may have in addressing the typical problems faced while adapting mediation to consumer disputes. This session will discuss technology-driven tools that can be used for evaluative mediation and improve the chances of success in consumer disputes. Adapting these tools would substantially strengthen the ability of mediators in consumer mediations in dispute initiation, resolution suggestions or end-to-end processing of simple disputes. For instance, a simple, but far-reaching step, such as the deployment of automated peer-to-peer systems for resolution of disputes with customers, could have the potential to reduce (or maybe do away with) a human interface. We will also hear the views of stakeholders and practitioners for the steps and investments required to create a well-designed and user-focused tool for consumer mediation. Technology-based tools in consumer dispute mediation have their own specific set of concerns. There are assumed security and confidentiality risks that come with using third-party software and applications. While data extracted from the nature and volume of disputes would allow continual improvements, it is often open to misuse. Participants may not be comfortable with the prospect of their data being stored and available for the processing needs of a complete stranger. It may be difficult to account for the bugs, misunderstandings and changed circumstances in smart contracts, creating doubts at their suitability. In assessing these limitations, we hope to address the current developments, including an assessment of technologies to meet the needs of dispute resolution processes that involve large-scale and multiple users.

Session / Workshop Chair(s)

Federico Antich Studio dell'Avvocato Antich, Florence, Italy; Co-Chair, Mediation Techniques Subcommittee
Andrea Maia FindResolution, Rio de Janeiro, Brazil; Co-Chair, Mediation Committee
Kaustubh Sinha Adhrit Legal Advocates , Noida, Uttar Pradesh, India

Speakers

Daniel Becker Tauil & Chequer Advogados in association with Mayer Brown LLP, Rio de Janeiro, Brazil
Roberta Regazzoni Camera Arbitrale di Milano, Milan, Italy
Professor Elisabetta Silvestri University of Pavia School of Law, Pavia, Italy
James South Centre for Effective Dispute Resolution (CEDR), London, England