Remote Mediation: Advantages And Disadvantages – Is It The Way Forward?

In the digital age, remote mediation has emerged as a viable alternative to traditional face-to-face mediation, and in this article, we explore the advantages and disadvantages of this new...
UK Litigation, Mediation & Arbitration
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Introduction

In the digital age, remote mediation has emerged as a viable alternative to traditional face-to-face mediation, and in this article, we explore the advantages and disadvantages of this new and innovative dispute resolution tool.

Advantages of Remote Mediation

The primary advantage of remote mediation is its unparalleled flexibility and accessibility, as it allows parties to participate from disparate geographical locations, easily overcoming logistical challenges. This is particularly beneficial for individuals with mobility constraints or those residing in remote areas.

Additionally, the potential cost and time savings can be significant as remote mediation eliminates travel expenses and reduces the time spent commuting. This efficiency extends to the mediation process itself, as the use of technology can often expedite the resolution process.

The comfort and safety provided by remote mediation cannot be understated. For many, participating from a familiar environment can alleviate anxieties and stress. Moreover, the online setting can provide a sense of safety for parties who may feel uncomfortable meeting their adversary in person.

Disadvantages of Remote Mediation

Despite its advantages, remote mediation does have its drawbacks. The most significant is the lack of personal interaction. Face-to-face communication, with its non-verbal cues, plays a crucial role in building trust and rapport, which are often essential elements in a successful mediation.

Technical issues can also pose challenges. Connectivity problems can disrupt proceedings, and disparities in technical capabilities can create imbalances. Furthermore, managing and interacting with sub-groups in virtual conference rooms can be awkward, and takes a great degree of care.

Confidentiality concerns are another potential issue as the online environment extends beyond the mediator's control, potentially allowing unauthorised individuals to listen in or interrupt, which could have significant consequences.

Lastly, there is the risk that a party's commitment to seek agreement might be less in an online environment compared to in-person mediation.

Summary

In conclusion, while remote mediation offers numerous benefits, it clearly presents challenges, and the choice between remote and in-person mediation should always be made based on the specific circumstances of the case, and the views and desires of the parties involved. However, as technology advances and becomes increasingly ubiquitous, for many it is likely that the advantages of remote mediation will generally outweigh the disadvantages.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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