Technology's Impact: The Quest for a New Paradigm for Accountability in Mediation

The article proposes a new paradigm for resolving the accountability dilemma in mediation. This dilemma stems from the fact that the very qualities that render mediation attractive to disputants and successful where formal options fail - flexibility and confidentiality - also frustrate conventional mechanisms for ensuring the delivery of fair and effective mediation services. Accountability measures in mediation have typically relied on formal (legal) or informal (reputation, professionalism) mechanisms. Drawing on a case study of eBay's online dispute resolution provider, SquareTrade, the paper proposes an alternative framework for generating accountability in mediation, that of structural accountability. Structural accountability is neither formal nor informal. It is generated through internal structures that encourage broad information collection and analysis, curb discretion and promote consistency, allow for monitoring, and create incentives for high quality performance. As the case study demonstrates, SquareTrade represents an incomplete system of structural accountability. The paper concludes with a description of what complete structural accountability would entail by proposing ways in which a structural framework can be developed in the offline mediation setting.