• Blog Homepage
  • CKA Mediation and Arbitration Services Website
  • About Christopher Annunziata
  • Contact Christopher Annunziata

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.

14 Feb 08 | ADR, ADR Websites, Arbitration, Interesting Legal Developments, Mediation

5 Responses to “Could Online Mediation Really Work?”

  1. Colm Brannigan | February 14th, 2008 at 1:46 pm

    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

  2. Christopher Annunziata | February 14th, 2008 at 1:57 pm

    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.

  3. Larry Blackwell | February 16th, 2008 at 12:57 am

    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.

  4. The Negotiation Guru » Friday Links (Feb 29th 2008) | February 29th, 2008 at 9:29 pm

    [...] Could Online Mediation Really Work? [...]

  5. Rachel | July 20th, 2008 at 10:15 am

    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.

©2007-08 Christopher K. Annunziata Legal Disclaimer: The material on this blog is provided for informational purposes only. It should not be construed as legal advice or as creating an attorney-client relationship. If you have a legal question, please consult a licensed attorney in your state.

Enter your email address:

Delivered by FeedBurner

AddThis Feed Button
AddThis Social Bookmark Button
Alltop, all the top stories
Quis custodiet ipsos custodes?

Interesting Links

  • A Mediator’s Dilemma
  • Above the Law
  • Arizona Mediation
  • better than misery
  • Civil Negotiation and Mediation
  • Cobb Mediation
  • Colin Rule
  • CResearch
  • First Mediation Improvisational Negotiation Blog
  • Florida Mediator
  • Georgia Family Law Blog
  • Georgia Office of Dispute Resolution
  • HealthCare Neutral ADR Blog
  • HR Hero/That’s What She Said
  • Idealawg
  • Indisputedly
  • Larry Bodine Law Marketing Blog
  • Legal Antics
  • Mediate.com
  • Mediation Channel
  • Mediation Meditations
  • Mediation Mensch
  • Mediation Stuff
  • mediator blah…blah…
  • Meeting the Sin Laws
  • National Arbitration Forum Blog
  • Overlawyered
  • Re:solutions – Regarding Solutions Blog
  • Schau’s Mediation Insights
  • SCMA – SoCal Mediation Association
  • Settle It Now
  • Settlement Perspectives
  • Strategic Mediator
  • The Association for Conflict Resolution
  • The Negotiation Guru
  • Volokh Conspiracy
  • World Directory of ADR Blogs
  • Zebra Mediator

Recent Posts

  • Facebooking
  • Some more horn tooting.
  • Georgia Supreme Court Lifts Cap on Pain and Suffering Damages in Malpractice Claims
  • Twelve Angry Men (and Women)?
  • If Anyone Needs a Mediator, It’s These People.

Archives

  • May 2010
  • March 2010
  • February 2010
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007

 

February 2008
S M T W T F S
« Jan   Mar »
 12
3456789
10111213141516
17181920212223
242526272829  

Categories

  • Admin
  • ADR
  • ADR Websites
  • Arbitration
  • Blogroll
  • Deep Thoughts
  • Divorce Mediation
  • Ethics and Professional Responsiblity
  • Eye-roller
  • First Amendment
  • Funny
  • General
  • Georgia Law
  • Interesting Legal Developments
  • Legal Websites
  • Lessons from a Mediation Road Warrior
  • Mediation
  • Mediation Blogs
  • My Practice
  • Negotiation
  • Non-ADR Legal News
  • Odd News
  • Personal
  • Practice Tips
  • Rants
  • Ridiculous Lawsuits
  • Uncategorized
  • Websites

Tags

Abraham Lincoln ADR american bar association law student division american electorate Arbitration atlanta attorneys barack obama Blog blogosphere blogs Brian Herrington campaign law CKA Mediation decision maker defense counsel dispute dispute resolution divorce e pluribus unum fiscal responsibility georgia georgia office of dispute resolution good stuff john fitzgerald kennedy lawyer litigation Mediation mediation advocacy mediation services mediator mediators national arbitration forum Negotiation negotiation competition perspective president elect rss reader settlement small claims court tina fey Upchurch Watson White & Max Vickie Pynchon volokh volunteer judges

© CKA Mediation and Arbitration Blog · RSS Feed
Design by Luka Cvrk · Wordpressed by Ericulous
Inspired by Ecommerce Web Hosting, Ringtones and Marketing