1. BACKGROUND AND NECESSITY FOR ONLINE COMMERCIAL MEDIATION
The rapid development of the digital economy, e-commerce, and cross-border transaction platforms has fundamentally transformed the formation of contracts and the execution of commercial transactions. In particular, since the COVID-19 pandemic, online business and shopping through e-commerce platforms have gradually become a habitual practice for the majority of consumers. By 2025, Vietnam’s e-commerce retail market is expected to maintain strong growth, with an estimated value of approximately USD 32 billion, accounting for around 12% of total retail sales and consumer service revenues nationwide.[1] At the same time, the Internet penetration rate has reached approximately 80% of the population, a large proportion of whom regularly engage in online shopping.[2] As transactions are increasingly conducted on digital platforms—ranging from online consumer contracts to complex business-to-business (B2B) agreements—there has been a corresponding increase in both the number and complexity of disputes related to digital transactions, data, digital intellectual property, cross-border services, and platform-based contracts.[3] An inevitable consequence of this trend is the growing need to resolve a large volume of disputes, primarily arising between online sellers or service providers and consumers, which are typically characterized by their cross-border nature, low individual dispute value, relatively simple content, high volume, and significant repetition.[4]
In this context, Online Dispute Resolution (ODR) has emerged as an inevitable trend in the digital era. ODR encompasses a wide range of mechanisms and forms—including, but not limited to, ombudsman[5], schemes, complaint resolution boards, negotiation, preliminary mediation, mediation, facilitated settlement, arbitration, and other methods—as well as the possibility of adopting hybrid procedures that combine online and offline elements.[6] This article focuses on online mediation, a form of ODR that has been widely adopted worldwide.[7]
2. CURRENT STATE OF ONLINE COMMERCIAL MEDIATION MECHANISMS WORLDWIDE
International practice demonstrates that online mediation mechanisms have been developed and implemented under a variety of models. Private-sector ODR services began to emerge in the late 1990s, whereas public-sector or non-profit ODR models only gained significant momentum in the late 2000s, when e-commerce became widespread.
The American Arbitration Association (AAA) provides alternative dispute resolution (ADR) services, including online arbitration and online mediation, and is widely recognized as one of the pioneering institutions in the development and application of ODR.[8]
As early as the mid-1990s, the American Arbitration Association (AAA) participated in pilot projects on online dispute resolution. By the early 2000s, the organization began developing web-based platforms to support the resolution of disputes arising from business-to-business (B2B) e-commerce transactions.[9] However, as the market gradually matured and the number of purely B2B e-commerce disputes declined, AAA shifted its strategic focus toward the development of an online case management and information exchange framework between parties and the institution, most notably through the AAA WebFile® system.[10] At present, this system is applied to a wide range of disputes, including family, employment, debt, property, insurance, healthcare, and civil matters.[11] The online mediation process is operated through a well-structured sequence of stages, beginning with a diagnostic phase that routes cases to the most appropriate procedural pathway, followed by a negotiation stage that enables direct communication between the parties, and, where necessary, a mediation stage involving neutral experts.[12] To support this process, AAA provides a comprehensive digital ecosystem, including the AAA WebFile® tool for seamless online case filing, an AI-powered Case Filing Assistant that guides users in submitting accurate applications, and a mobile application that enables users to manage documents and communicate with relevant parties anytime and anywhere. Notably, to ensure the security and integrity of case records, AAA has implemented Integra blockchain technology, which authenticates documents and prevents AI-generated forgery or deepfake manipulation, while ensuring that personal data remains under the ownership and control of users.[13]
Similar to the AAA, the Centre for Effective Dispute Resolution (CEDR) in London, United Kingdom, also provides services in arbitration, mediation, and online mediation.[14] However, CEDR’s distinctive strength does not lie in the development of specialized technological platforms, but rather in its strategic emphasis on enhancing the professional quality and expertise of mediation practice. CEDR’s principal areas of mediation include disputes relating to employment and workplace relations, banking and finance, construction and engineering, as well as medical liability (clinical negligence).[15] CEDR has issued dedicated guidelines for mediators and participating parties on online mediation[16], which set out in detail the preparatory steps prior to a mediation session, including the exchange of case summaries, key documents, and procedural timetables in the event that mediation is unsuccessful.[17] During the conduct of online mediation, CEDR maintains a process largely analogous to that of traditional, in-person mediation, incorporating joint sessions and private caucuses, while placing strong emphasis on the principles of strict confidentiality and the neutrality of the mediator as a facilitator of negotiation rather than an imposer of solutions. Online mediation sessions are conducted via commonly used online platforms such as Zoom, Webex, GoToMeeting, or Skype for Business.[18]
The Singapore Mediation Centre (SMC) is a semi-public mediation institution with a high degree of institutionalization, operating under the sponsorship of the Singapore Government.[19] SMC’s core services include mediation, adjudication, and neutral evaluation. It handles a wide range of disputes, including financial and commercial disputes, corporate matters, employment disputes, insurance, technology, maritime, real estate, as well as several other specialized categories of disputes. The formal recognition of online mediation is expressly provided for in SMC’s Rules. Specifically, “a mediation session may be conducted online, transcending physical space, or in a hybrid format combining in-person and online elements. Mediation may take place via video conferencing or on an online platform designated by SMC.”[20]
Furthermore, as SMC is one of the four mediation service providers designated under Singapore’s Mediation Act 2017, mediation settlement agreements administered by SMC may be recorded as court orders and are immediately enforceable.[21]
Overall, it can be observed that although all three institutions—AAA, CEDR, and SMC—implement online mediation, they represent three distinct models of development, reflecting differences in legal context, institutional objectives, and organizational roles. The AAA was established as a private, non-profit organization with the core mission of providing and administering ADR services in accordance with standardized procedures. It focuses on building a comprehensive ODR ecosystem capable of efficiently handling a large volume of diverse disputes, making it particularly well suited to e-commerce and cross-border disputes. By contrast, CEDR is a professional institution dedicated to advancing mediation expertise. Rather than emphasizing technological development like the AAA, CEDR places primary importance on enhancing the quality of mediators and the interaction processes between disputing parties. The SMC model, on the other hand, is distinctly institutional in nature, with online mediation being directly integrated into the Centre’s operational rules and linked to a statutory enforcement mechanism under national law. These differences illustrate that online mediation does not exist in a single uniform model, but may instead be flexibly designed in accordance with technological orientation, professional orientation, or institutional orientation.
3. ONLINE COMMERCIAL MEDIATION IN VIETNAM
3.1. Vietnam’s Current Legal Framework for Resolving Commercial Disputes through Online Mediation
At present, Vietnam does not have specific regulations governing Online Dispute Resolution (ODR) in general or online mediation in particular. Instead, the legal framework for online commercial mediation is derived from existing provisions on dispute resolution scattered across various laws and codes, including the Law on Electronic Transactions 2023, the Law on Information Technology 2006, the Law on Protection of Consumers’ Rights 2023, the Civil Procedure Code 2015 (CPC 2015), and, most recently, the Law on E-Commerce 2025. These developments indicate that Vietnamese law has increasingly expanded and encouraged the use of electronic means in dispute resolution. The Law on Electronic Transactions 2023 establishes a fundamental legal basis by recognizing the legal validity of electronic signatures and electronic data messages.[22] The Law on Protection of Consumers’ Rights 2023 provides specific rules on dispute resolution involving consumers, including those purchasing goods and services online, with clearly defined procedures governing the resolution of disputes between consumers and business entities or individuals.[23] The Law on E-Commerce 2025, with its policy orientation toward building a comprehensive legal framework, elevates dispute resolution through mediation to one of the fundamental principles of e-commerce activities, with the aim of ensuring legal consistency and general applicability.[24] In addition, the CPC 2015 contains provisions relating to electronic data and the application of information technology in the verification and collection of evidence during court proceedings.[25]
With regard to mediation procedures, Decree No. 22/2017/ND-CP on Commercial Mediation does not specifically regulate online mediation activities, nor does it impose any restrictions on the means of communication or interaction between the parties.[26] Under this Decree, the parties and the mediator are entitled to agree on the mediation procedure, as well as the time and venue of mediation.[27] Accordingly, the parties and the mediator may choose to conduct mediation through online means, provided that the process complies with the three fundamental principles set out in Article 4 of the Decree.[28]
3.2. Online Mediation Mechanism of the Vietnam International Commercial Mediation Center (VICMC)
In the context of the rapid development of the digital economy, online commercial mediation has increasingly affirmed its role as a flexible, efficient, and appropriate method of dispute resolution for the characteristics of modern transactions. International practice, as reflected in representative models such as the AAA, CEDR, and SMC, demonstrates that online mediation may be designed through different approaches—ranging from technology-oriented and expertise-oriented to institution-oriented models—thereby providing valuable reference experiences for Vietnam. On that basis, further improvement of the legal framework, clarification of issues relating to the legal validity of online mediation procedures and outcomes, and continued investment in the development of platforms and mediation processes suited to domestic conditions constitute a necessary direction in the period ahead.
As one of the pioneering institutions in the field of commercial mediation in Vietnam, VICMC possesses the capacity to further develop and refine its online mediation mechanism, thereby contributing to the establishment of a modern, effective, and trustworthy dispute resolution environment for both domestic and international business communities. The relevant procedures have been researched and developed to ensure compliance with applicable legal regulations, while facilitating safe, efficient, and cost-effective participation by the disputing parties.
With regard to mediation procedures, VICMC provides a relatively clear and flexible framework. First, the requesting party submits an application for mediation together with relevant supporting documents, either directly or via VICMC’s online system.[29] Upon receipt of the case file, VICMC notifies the other party and assists the parties in reaching agreement on the conduct of the mediation, including the form of mediation (in-person, online, or hybrid), the selection of the mediator, and the time and venue of the mediation.[30] Once the necessary conditions have been agreed upon, the mediation session is conducted with the participation of the mediator and the disputing parties. The mediator may organize joint sessions or private caucuses in order to clarify the parties’ positions and interests and to assist them in identifying appropriate solutions.[31] For online mediation, VICMC provides technical support and secure, reliable platforms to ensure that communications are conducted safely and effectively. Where the parties reach a settlement, the mediator assists in preparing a record of successful mediation, which is circulated to the parties for signature and has binding legal effect in accordance with the law on commercial mediation. If the mediation is unsuccessful, the parties remain free to pursue other dispute resolution methods, such as arbitration or court proceedings.
Overall, the online mediation mechanism in Vietnam in general, and at VICMC in particular, has gradually developed in response to the requirements of the digital economy, global trends in modern dispute resolution, and the existing legal framework. Nevertheless, familiarity with traditional dispute resolution methods, together with concerns regarding confidentiality, enforceability, and the reliability of the online environment, continue to pose certain barriers to the broader adoption of online mediation. These challenges give rise to the need for further refinement of the legal framework, enhanced communication and outreach efforts, increased awareness, and the building of trust among the business community and the public with respect to online dispute resolution mechanisms.
[1] Agency for Regional industry and trade – Ministry of industry and trade (2025). Vietnam Domestic Market Report 2025 (Industry and Trade Publishing House).
[2] Ibid.
[3] Ibid.
[4] Nguyễn Hưng Quang. (2025). Enhancing Access to Justice in Online Dispute Resolution Mechanisms (Part I). Accessed 20 January 2026, available at: https://vicmc.vn/tang-cuong-tiep-can-cong-ly-trong-co-che-giai-quyet-tranh-chap-truc-tuyen-phan-i/.
[5] The Ombudsman is a national institutional model for the protection of human rights, widely adopted in Nordic countries and the Americas. Originating in Sweden and first established in 1809, this model, after more than two centuries of development, has now been adopted in numerous countries and accounts for approximately 30 per cent of national human rights institutions worldwide.
[6] United Nations Commission on International Trade law. (2017).UNCITRAL Technical Notes on Online Dispute Resolution. New York, UNCITRAL.
[7] Sulistianingsih, D., Rante Lembang, A. A., Adhi, Y. P., & Prabowo, M. S. (2023). Online dispute resolution: Does the system actually enhance the mediation framework?. Cogent Social Sciences, 9(1). doi: https://doi.org/10.1080/23311886.2023.2206348.
[8] Faye Fangfei Wang. (2021). Online Dispute Resolution (ODR). Accessed 20 January 2026, available at: https://opil.ouplaw.com/display/10.1093/law-mpeipro/e3028.013.3028/law-mpeipro-e3028.
[9] Le Xuan Tung (2021). Online Arbitration and Mediation in the United States (2021). Accessed 20 January 2026, available at: https://tapchikinhtetaichinh.vn/giai-quyet-tranh-chap-thuong-mai-bang-trong-tai-va-hoa-giai-truc-tuyen-o-hoa-ky-29953.html.
[10] Ibid.
[11] ODR.com. Mediation. Accessed 20 January 2026, available at: https://odr.com/.
[12] Ibid.
[13] Ibid.
[14] CEDR. Online mediation. Accessed 20 January 2026, available at: https://www.cedr.com/commercial/telephone-and-online-mediations/
[15] CEDR. Conmmercial mediation. Accessed 20 January 2026, available at: https://www.cedr.com/commercial/.
[16] CEDR. A guide to Online Mediation for Barristers, Solicitors and Clients. Accessed 20 January 2026, available at: https://www.cedr.com/wp-content/uploads/2023/09/A-Guide-to-Online-Mediation-for-Barristers-Solicitors-and-Clients.pdf.
[17] Centre for Effective Dispute Resolution (CEDR). Mediator Guide to Online Mediation. accessed 20 January 2026, available at: https://www.cedr.com/wp-content/uploads/2021/04/Mediator-Guide-to-Online-Mediation-2.pdf.
[18] CEDR. Online mediation. Accessed 20 January 2026, available at: https://www.cedr.com/commercial/telephone-and-online-mediations/
[19] Singapore Mediation Centre. About us. Accessed 20 January 2026, available at: https://mediation.com.sg/about-us/about-smc/
[20] Singapore Mediation Centre (2022). Mediation Procedure rules. accessed 20 January 2026, available at: https://mediation.com.sg/wp-content/uploads/2024/09/Mediation-Procedure-Rules-1-April-2022-with-Annexes-1-Sep-2024-9-Sept-2024.pdf.
[21]Ibid.
[22] Law on Electronic Transactions No. 20/2023/QH15, Arts 9 and 22.
[23] Law on Protection of Consumers’ Rights No. 19/2023/QH15, art 54.
[24] Vietnam International Commercial Mediation Center (VICMC), The Law on E-Commerce 2025 and Regulations on Commercial Mediation (2026).
[25] Vietnam International Commercial Mediation Center (VICMC), Online Mediation in the Resolution of Commercial Disputes (2021), accessed 20 January 2026, available at: https://vicmc.vn/hoa-giai-truc-tuyen-trong-giai-quyet-tranh-chap-thuong-mai/.
[26] Decree No. 22/2017/ND-CP on Commercial Mediation.
[27] Decree No. 22/2017/ND-CP on Commercial Mediation, Arts 13 and 14.
[28] Decree No. 22/2017/ND-CP on Commercial Mediation, Art 4.
[29] Vietnam International Commercial Mediation Center (VICMC), Online Mediation Services, accessed 20 January 2026, available at: https://vicmc.vn/dich-vu/hoa-giai-truc-tuyen/
[30] Ibid.
[31] Ibid.
