Could Online Mediation Really Work?
The MSN Money Blog is reporting today about a new website called VirtualCourthouse.com. The web site claims to provide
a marketplace of qualified professionals to service your case needs. Our service lets you resolve cases entirely online, lowering your costs and increasing your volume.
While I can see the benefit of online arbitration or neutral evaluation, I’m somewhat dubious about how online mediation would work. Before anyone suggests that my resistance stems from some sort of protectionist attitude, I am all for developing new ways to help parties resolve disputes. Again, I see how this could work very well for small claims arbitration. Especially, as the article states,
[cases that have only] two parties, involves a dispute over money (as opposed to other forms of relief) and is not emotionally charged, he said. Fender-bender lawsuits fit the bill; custody cases and nasty disputes between neighbors do not.
In that case, there is not much testimony to hear or documents to review. As the founder of the website states,
[if you have a] soft-tissue injury in a rear-end automobile accident [where the plaintiff] went to a chiropractor 15 times and incurred bills of $2,600. . . . It’s just an issue of how much is reasonable compensation for this individual.
But one of the key benefits of mediation is the face-to-face interaction with the participants. To listen to their positions, their interests, their needs. How is this accomplished online? Chat rooms? I handle these type of cases a few days a month in small claims court. I doubt that any of them could have been settled online.
5 Responses to “Could Online Mediation Really Work?”
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Hi Chris,
It is not really a question of whether Online mediation could work. It really does.
But ODR is more than just online ADR.
Have a look at http://www.ODR.info to get an idea of what is going on in the ODR world.
Regards,
Colm
http://www.mediate.ca
Are we discussing mediation of online disputes (eBay, Amazon, etc.) or the mediation of “real world” disputes in an online medium?
I’m curious as to the mechanism for both, particularly the mediation of “real world” disputes in an online medium.
Online mediation does work. I have done hundreds of cases this way. there are pluses and minuses to online mediation, but in certain cases online mediation works as well as or better than face to face. One of the big pluses is time therefore money savings, expense of location and a more manageable process.
[...] Could Online Mediation Really Work? [...]
Hi, Chris
I think Virtual Courthouse’s services are a good start to expanding mediation services to more people, and not to be seen as a replacement for in-person mediation work.
About 25% of Virtual Courthouse’s cases do end up in face-to-face mediation. And there is a bit of self-selection, as the fees for this service are much higher than small claims court. I don’t think any of the parties I’ve mediated in small claims would have the option of choosing to pay Virtual Courthouse’s fees.
More of my thoughts are at Online dispute resolution blooms
in DC area.