Civil Law Reform in Property Dispute Resolution through Online Mediation

Authors

  • Tahira Attia Fariha Chittagong Independent University, Bangladesh Author

Keywords:

Access To Justice, ADR, Civil Law Reform, Online Mediation, Property Disputes

Abstract

Civil law reform in resolving property disputes has emerged as an urgent necessity in the midst of rapid developments in information technology, globalization, and the dynamic nature of the property market. In this context, online mediation, as one of the recognized forms of Alternative Dispute Resolution (ADR), offers a combination of efficiency, significantly lower costs, and broader accessibility for all parties involved, regardless of geographic location. This literature-based study examines recent trends, the range of challenges faced, and the overall effectiveness of online mediation within the framework of Indonesian civil law, while also providing a comparative analysis with practices implemented in several advanced international jurisdictions. The research is grounded on a review of peer-reviewed journal articles published between the last five years. The findings reveal that online mediation has the potential to improve access to justice, accelerate dispute resolution, and ease the workload of courts, although it still faces substantial obstacles in terms of trust, data security, technological infrastructure, and regulatory consistency. Therefore, civil law reform is essential to establish a clear, comprehensive, and adaptive legal umbrella that accommodates technological innovations while safeguarding fairness.

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Published

2022-06-30