Online mediation is the process of resolving disputes outside of court using technology to communicate with each party. In an online mediation, the parties agree to resolve their dispute privately and confidentially via a secure online platform. Online mediations have been growing in popularity as they are less time-consuming and more cost-effective than traditional mediation. Online mediation also has the potential to reach a larger audience than traditional mediation, which can be limited by location and accessibility. However, online mediation brings its own set of challenges that must be addressed before proceeding with the process. Here we take a look at some of the most common challenges of online mediation and how you can overcome them if they come up during your own mediation session.
Time is the most significant challenge of online mediation. Since the parties won’t be in the same room together, they will be unable to communicate face-to-face. That means that online mediation will likely take longer than in-person mediation. Online mediations can take anywhere from a few weeks to a few months, depending on the complexity of the dispute and the number of parties involved. This can be a challenge for both the parties and the mediator, who will need to be patient and focused on the task at hand.
The parties involved in a dispute will often have sensitive information that they don’t want others to know. This could be medical information, financial information, or even information about their living situation or relationship. Online mediation is an efficient way to resolve a dispute, but it also has the potential to become a public forum where all of the parties’ information can be accessed by anyone at any time. This can be problematic if sensitive information is included in the dispute. The parties will need to be mindful of the information they share with one another and the mediator and take appropriate precautions to protect it.
In person, the parties’ body language can provide valuable clues about their emotions and attitudes. Online mediation, however, is limited to text-based communication. That means that the parties may struggle to convey their emotions and attitudes through their words. Additionally, the lack of visual cues in a text-only communication can make it difficult for the parties to understand each other. The mediator will need to help the parties overcome the communication barriers that come with online mediation and focus on the content of their messages rather than trying to interpret non-verbal cues.
Trust is essential in any mediation, but it is even more important in online mediation. The parties will not be able to see each other or touch one another, which can make them feel more distant and less trusting than they would in person. The parties will need to take care to establish trust and rapport with one another and the mediator in order to overcome this challenge.
The parties involved in a dispute may not understand the mediation process. They may not know how online mediation works, what to expect from the process, or how to prepare for it. The mediator will need to take the time to explain the mediation process to the parties and answer any questions they may have.
Online mediation has the potential to reach a larger audience than traditional mediation, but it also brings its own set of challenges. The parties will need to be mindful of time constraints, privacy and confidentiality issues, the lack of visual cues and body language, the lack of trust, and the lack of understanding of the mediation process. The parties and the mediator will need to be patient, diligent, and persistent in order to overcome these challenges and reach a successful conclusion.