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Growing trend of E-mediation

Given the present situation, the threat of the COVID-19, most people are working from home, but that doesn’t mean the disputes between the employees have evaporated. Rather the inability to hash things out or vent out emotions in person is aggravating the situation and people are getting more alienated from one another. The stress that we are facing and the disturbances arising out of it have caused conflicts not only in workplaces but also at home.

Economic crisis/financial worries, social isolation, loneliness, sadness, and unprecedented challenges have given in the way of a healthy mindset and smooth living. There have been hence, arising conflicts among partners living together as they feel the psychological and physical strain. During this tough time, when people are going through such strong emotions, and arising conflicts, online dispute-resolution tools like E-mediation have come to the rescue.
Traditional mediation resolution comprises a third and a neutral party and disputes are solved with his/her assistance. Mediators rely on a variety of tools to conduct mediation. They even conduct separate meetings to help one party explore and cohere the interests of their present situation. Mediation is in contrast to the other forms of dispute resolution, which are litigation and arbitration because it’s non-binding.

Parties are now willing to resolve issues through E-mediation for those who live apart and also since now people are maintaining social distance. E-mediation is a completely automated online dispute-resolve system which is based on computer-prompted information gathering, and that is in response to the inputs of the parties with no presence of any third-party at all. It provides the parties with a personalized, individual mediation, intending to keep it as close to the traditional mediation as possible, online. There has been the facility of video conferencing with a proper audio system apart from email and other forms of automated text messages to coordinate and converse the procedure of mediation.

E-mediation can foster trust and positive emotions and has even given more satisfying results than the traditional way of face-to-face mediation. Under the automated computer-prompted information the parties feel more powerful than they would have felt under the traditional mediation in the presence of a superior third party. Even if the social distancing tends to reduce and people can reconnect in person, parties would still choose to go for E-mediation, since it’s extremely cheap and saves them from going to any particular location to be in a conference. It has become a go-to dispute-resolution for many organizations since it avoids the trouble of scheduling to a great extent. It is also a very good mode of mediation for those who can’t stand to be under the same roof or there’s a possibility of physical harm. E-mediation can help prevent things going out of hand since it stands as a buffer between the parties and it allows a smooth running of non-judgmental conferences with no third party to intervene.

During this tough time, E-mediation is certainly a good way to resolve conflicts. However, it is not possible to receive the warmth online that would have been possible in person, or it is even possible to miss out on a lot of body language or facial expressions over the mail or text messages. There can be some misunderstandings that can lead to the exchange of harsh or insulting messages. This can make the parties more furious and can worsen the conflict. It’s always best to resolve conflicts that require proper communication by setting conferences in person if possible, certainly given the fact that there is physical security.

  • Social distancing
  • Online dispute-resolution
  • Non-binding

BY : Prina Sharma

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