Vivi Tan

  • Vivi Tan

    PhD candidate

ORCiD LinkedIn ResearchGate

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


Investigating regulatory options for dispute resolution for online consumers in Australia

Thesis Summary


The thesis will explore 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.
Many jurisdictions are taking up the opportunities offered by new technologies to modernise and digitse dispute resolution systems and in doing so, improve access to justice. This includes British Columbia, the Netherlands, the United States, Europe, Mexico and the United Kingdom. These jurisdictions have started to adopt various systems of online dispute resolution (“ODR”) systems to make the cost of accessing dispute resolution services more affordable and proportionate to the value of the claim as well as to provide more avenues for consumers to resolve their disputes in a speedy and flexible manner without having to rely on traditional court processes.

However, despite these benefits, questions remain regarding the appropriate design of an ODR system in the resolution of small claims and consumer disputes.  How are minimum due process requirements to be balanced with the economic constraints of resolving low-value disputes. Further, to what extent should technology be relied upon to provide dispute resolution services for consumers without thereby sacrificing other values which are vital to the due administration of civil justice and more importantly, without compromising the very protection that these consumers seek to obtain from the justice system in the first place?

Supervisors

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