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A Future of Online Mediation

A Future of Online Mediation

Will mediation take place online more in the future?

 

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That looks to be the direction that it’s taking. That is what parties also prefer often. They don’t want to meet face-to-face when they have certain type of disputes. They want to get it settled, as early as possible, as less painful as possible.

 

Sometimes meeting face-to-face, it can be very uncomfortable for the parties. Technology offers us new ways of communicating with parties. This sort of shuttle or caucus meetings, I think, are much more natural to be used through technology than to be in separate rooms and running. So I think technology offers those opportunities, and that’s the direction it is taking.

 

In other areas, I think it varies. I mean, I’m most familiar and always have in the background thinking about these consumer disputes, but I think other type of civil and commercial disputes . . . Online communications and shuttle mediation seems to be what parties want. So I don’t think many parties are particularly keen on traveling to London or somewhere else and meeting their opponent face-to-face.

 

We know that for other type of complaints or issues, like in the family context, it seems that mediation or transformative mediation offers an additional benefit. It sometimes seems the most eloquent way. But I think we have to change our mentality of the traditional mediation for present and future disputes, because many of them will be resolved through the use of technology and talking to the parties separately, as opposed to meeting them in a room around a table.

About the mediator

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Pablo is a Senior Lecturer and a non-practising Spanish attorney. He conducts research in the field of dispute resolution, civil procedure and consumer law. He was invited to be a keynote speaker in two international conferences, and he has been invited as a speaker at many other conferences in 15 different countries. He was invited to participate in expert meetings by various organisations, including the UN Commission for International Trade Law... View Mediator