Vivi Tan

  • Vivi Tan

    PhD candidate

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Vivi Tan is a PhD student at Melbourne Law School. She researches across fields of consumer protection law, contract law and dispute resolution system and design, including alternative and online dispute resolution.  Her thesis explores the integration of information and communication technologies into judicial and extrajudicial dispute resolution processes and their implications for dispute resolution regulation and practice as well as for consumer protection law.

Prior to joining Melbourne Law School, Vivi taught and researched in the areas of contract law, company law and real property law for over ten years. She has co-authored textbooks on contract law and commercial law which were published by Oxford and Cambridge University Presses and she has also presented in various topics including in legal education and mooting as well as protection of online consumers in Australia and overseas.

Vivi’s other significant academic and leadership roles at Victoria Law School included the Blended Learning Coordinator, Mooting Director, the Annual Michael Kirby Contract Law Moot Coordinator and the Willem C.Vis International Commercial Arbitration Moot Coach. She was passionate in helping students develop fundamental legal practice skills whilst they were completing their law degree.

Thesis Title


Online Dispute Resolution and Consumer Disputes in Australia: Dispute Systems Design Analysis

Thesis Summary


This thesis seeks to provide a critical conceptual analysis of the potential of ODR to be used for the resolution of consumer claims in Australia. This analysis will be undertaken through the theoretical lens of a dispute system design (“DSD”) framework. The development and application of the framework allows for a critical analysis of considerations and choices relating to two key DSD aspects, namely the system design (normative and functional questions regarding how disputes should be resolved, and through what structures) and the process design (appropriateness of tools and processes to be used).

Vivi argues that a critical dispute system analysis on ODR in the consumer redress context is imperative given the increasing use of ODR in practice, both by private and public institutions, and the potential for ODR to significantly impact consumers’ access to justice and ability to obtain redress.

Supervisors

  • Consumer Protection Law
  • Contract Law
  • Dispute Resolution System and Design (including Alternative and Online Dispute Resolution)