The more we advance forward, the more integrated we become with technology. Could you imagine life without the Internet?
And, as the Internet impacts so many daily aspects of our lives, it is no surprise that the online realm has found its way into traditional mediation.
With a growing number of transactions happening online, more roadblocks emerged in disputes, such as costs of filing a claim in a foreign country, complex jurisdiction matters, and the distances of parties involved. In response, Immediation, a one-of-a-kind online mediation platform, came to life with the aim to provide accessible legal solutions without borders.
Read on to discover how the appeal of online mediation goes far deeper than just ease and convenience.
Free from inference
There are many advantages to speaking through a screen. It often makes you feel more confident, without having to be physically confrontational while being able to stand up for yourself in your safe space.
In your own comfort, body language and nonverbal cues aren’t as easily exposed when in front of a camera, as opposed to being in court in person. Truth is, your reactions and gestures may not match your actual thoughts and feelings. These simple cues, such as crossing your arms or rolling your eyes can turn a successful settlement into a game of revenge and anger. By minimising these inherent gestures from the conversation, parties to online mediation promote a friendlier environment to focus on and work to finding a solution to the problem.
Some individuals may not fare as well as others when put in a conflict zone – especially in cases involving family disputes. In-person confrontation triggers an array of emotions, making people feel anxious or uncomfortable. Parties who are less confrontational are put at a disadvantage when having to deal with an aggressive counterpart in person during a traditional mediation setting. To make matters worse, the shy party may concede too much just to hasten the end of the mediation process, resulting in an unfair outcome.
Allowing parties to mediate online through the Internet barrier protects parties victim to a power imbalance. Thanks to the distance of online mediation, parties can adapt to the situation. For example, non assertive parties may assume a more aggressive role online as the platform is more conducive. Each party is also provided equal opportunity to express themselves as much as possible, without any restrictions to their insecurities. During online mediation, all parties are in equal control of the conversation.
Limitation of real-time conversation
With Immediation, the approach of traditional mediation is still preserved through live conferencing between mediator and parties. However, as the online nature of online mediation exists, it limits the exposure of parties to engage in real-time conversation.
The more chances of live conversations happening, for example parties walking down the hallway of the mediation centre at the same time, the higher possibility for tension and unwarranted statements.
With online mediation, parties are allowed to cool off before making a response. This time can be used to reflect on the current state of affairs and how to respond appropriately. Further, parties are able to assess the information and documents to their convenience, rather than wasting time in a conventional mediation setting.
How Immediation Helps
Given its state-of-the-art technology, Immediation is like no other online mediation platform. Comprising an expert panel that includes former judges, top tier firm partners, and career mediators and arbitrators, parties are assured the best quality of legal assistance to achieve realistic and fair outcomes.
Offering a simple, straightforward online mediation process, parties can benefit from the advantages associated with online mediation at an affordable cost.
http://theconversation.com/furtive-looks-nervousness-hesitation-how-nonverbal-communication-influences-the-justice-system-114145 article written by the University of Montreal
https://www.mediate.com/articles/dunlop-power-imbalance.cfm article written by Nigel Dunlop, professional mediator