Online dispute resolution: Theory and practice of the fourth party

As more and more social and commercial activity takes place online, it is inevitable that conflicts will arise in online spaces and that new electronic tools for dispute resolution will be necessary. Yet we actually know very little about the nature of disputing and dispute resolution in these settings. The theory and practice of mediation are grounded in an understanding and analysis of conflict and communication that assumes that people will come together in a physical space to negotiate their differences. The strategic interventions that mediators utilize in such cases emerge from their assessment of what tactics would be most effective for conflict management, facilitation, and resolution in light of the unfolding interpersonal dynamics among the parties who are literally “at the table.” This article considers what happens when mediation takes place in settings in which there is no face-to-face meeting, when mediation takes place not through the medium of talk but through the written word.