Mediation Services | Business Consulting | Trainings & Education
Online Mediation Guidelines
Online mediation, a sub-category of online dispute resolution, combines the process of mediation with the application of online technology. Online mediation extends the reach of mediators to situations between persons who are too geographically distant, situations where parties are unable to attend because of disability or in situations where the value of the dispute does not justify the cost of a face-to-face mediation. In addition, online mediation can be beneficial prior to face-to-face mediation in order to commence the mediation process early where urgency exists, to narrow the issues, to commence brainstorming of solutions, and to prepare the parties.
Types of Technology Required/Recommended
• Web-based technology including e-mail, web sites, and chat rooms to facilitate preliminary discussions with core disputants.
• Computer
• XP or Vista operating systems
• High Speed Cable or DSL connection
• Webcam
• Headphones
• Scanner (Optional)
• Fax Machine (Optional)
Utilized in various disputes
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Workplace disputes (every level of employment including: hiring, training and education, and terminating).
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Medical Bills
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International Cross Cultural Negotiations
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Consumer Travel Disputes Involving: Cruise Ship Lines, International Hotel Chains, Airlines
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The dispute itself arose from an Internet-based purchase. In these cases the disputants tend to be geographically separated, have no ongoing relationship, and have regular access to the Internet.
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Disputants are geographically distant from each other and/or from the neutral and travel for a traditional mediation is not possible or is cost prohibitive.
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Jurisdictional issues make it unclear as to which jurisdiction should prevail and/or would make enforcement of a court decision difficult.
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Scheduling difficulties make it impossible for the parties to attend a traditional mediation session.
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Individual(s) are sick, injured, or incapable of physically attending mediation.
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Commence the mediation process early where urgency exists.
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Concerns about violence or intimidation between the parties make a traditional mediation setting inappropriate, but the parties wish to move forward with mediation.
Value of cases
Claims under $10,000.00
Cost to mediate online
We offer the following payment structure:
1. For cases that have a value between $2,000 up to 10,000 we request an administrative fee non refundable of $250 to be paid equally by each party before the mediation online can start. The fee for the mediation online is $150 an hour per 6 hours to be divided equally to the parties.
2. For case value up to $ 2,000 we request an administrative fee of $100 to be paid equally by the parties before the mediation online can start. The fee for the mediation online is $ 100 an hour per 6 hours to be divided equally by the parties.
Summary of Advantages:
• Prevent, manage, and resolve workplace disputes.
• Save time, energy and face.
• Set ground rules for negotiations, and abate any anger.
• Avert today’s litigation crisis (high costs and delays associated with trial), which can be impractical in solving disputes.
• Move out of real-time discussion to asynchrony, allowing the parties to formulate their thoughts at a slower pace.
• Allows participants to engage in a reflective discussion at their convenience.
• Parties can express themselves without having to compete for airtime.
• There is a complete record of the mediation created from written and/or recorded communication.
• Create forum for parties who are hundreds or even thousands of miles apart from one another.
• Eliminate bias based on race, age, gender, or disability (if mediation is done via phone calls and/or e-mails).
• Mediator getting permission from both parties to filter inflammatory comments made by either party by returning the comments back to the sender for re-drafting.
• E-mails can act as a point of reference for noticing change in the parties’ positions and interactions.
Procedure for Clients & Mediators Online
Understanding mediation online: Online Mediation is a sub-category of alternative dispute resolution (ADR). The process combines mediation with the application of online technology. Online mediation extends the reach of mediators to situations between persons who are too geographically distant, situations where parties are unable to attend because of disabilities, and/or in situations where the value of the dispute does not justify the cost of a face-to-face mediation. In addition, online mediation can be beneficial prior to face-to-face mediation in order to commence the mediation process early where urgency exists, to narrow the issues, to commence brainstorming of solutions, and to prepare the parties.
Online Mediation is a peaceful procedure to resolve conflicts. It is a voluntary and non-binding negotiation process that occurs outside the courtroom. During Online Mediation, a third impartial and neutral party manages the interaction between disputing parties to ensure constructive negotiation, thus helping the parties to agree on a resolution that is fair, durable, and workable. The parties, not the mediator, create the final decision. Online Mediation is fast, cost-effective, and confidential. The parties play an active role in the process, expressing their frustrations, feelings, and underlying interests. The parties control the outcome, and this helps to maintain their relationships. Online Mediation is not adversarial, and allows parties to achieve a win-win outcome.
Step 1: current and new clients sign a pre-dispute mediation agreement and submit the online registration form.
Step 2: Preliminary phone call, separately, with each involved party to obtain relevant information and assess the overall case.
Step 3: convene the mediation process: opening session, communication, negotiation and closure.
The parties must have regular, cost effective access to the Internet.
The parties, their representatives and the neutral must be able to communicate in writing in a common language or make arrangements for any necessary translation. For example, I mediate in French or English, but refer Spanish speakers to Spanish speaking mediators.
All disputants, their representatives, and the neutral must have at least minimal computer skills in order to send and receive communications related to the case.
There must be provisions in place to guarantee the confidentiality and security of communications occurring as part of the mediation process. Password protection or other security systems must be in place to ensure that non-parties do not gain access to mediation communications.
All disputants must be competent to mediate and to enter into a mediated agreement.
Ground rules must be created by either the neutral, or by the neutral and the parties together. For ODR, these ground rules should include expectations surrounding the frequency with which all parties and the neutral will check and respond to messages (if mediation is occurring in an email caucus/shuttle diplomacy style, also known as asynchronous). If mediation will occur through simultaneous (synchronous) communications, then the parties and the neutral must agree to a specific schedule for the mediation session(s).
Some online mediators ask the parties to stop communicating with each other outside of mediation so that the mediator does not fall “out of the loop”, so to speak.
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