الوساطة الإلكترونية في مجال منازعات التجارة الإلكترونية

Abstract EN

Mediation is seen as an alternative means for disputes settlement.

It is a non-binding procedurebased on some formalities- through which the disputatious parties bring to attention their dispute in a bid to find suitable and acceptable solutions therefor.

This mission is carried out by a neutral mediator who offers technical assistance for the disputatious parties with a view to arriving at a satisfying settlement for both parties unlike lawsuits.

Mediation allow the disputatious parties to specify the overall outline of the settlement together with its conditions which would set up the best framework therefor in such a way that guarantees confidentiality and seriousness in discussing the key points, and enable them to withdraw if they so wish.

Modern means of communication, particularly the Internet, facilitate the job of mediators as it is more effective and faster in settling electronic disputes especially those which emerge out of the e-commerce, due to the distinctive feature of this kind of commerce and its explosively-fast expansion.

The difference between the rules and restrictions that govern such a settlement cast shadow over specifying the jurisdiction because the whole process takes place in a virtual world, which forces the states to necessarily amend their legislations in such a way that harmonizes with these new advancements resulted from dramatically accelerating development in the means of communication.

As long as it is possible to enter into contracts electronically, it is also possible to settle disputes electronically, especially those that emerge out of the e-commerce