Digital Era: Online Mediation

1. Introduction

In an age characterised by technological innovation, the evolution of dispute resolution cannot be denied.

Online Dispute Resolution (ODR)

Online Dispute Resolution (ODR) is an effective alternative approach when resolving disputes, offering several benefits over traditional face-to-face dispute resolution practices. ODR aims to target challenges such as delays in cases and has received significant attention during the COVID-19 pandemic.

The European Union encourages the adoption of ODR, as demonstrated by the enforcement of the European Regulation 524/2013. Therefore, Cyprus being a member of the European Union, is committed to maintaining the legal norms set by the EU. However, as per Article 26 of the European Regulation, ‘ODR is not intended to and cannot be designed to replace court procedures, nor should it deprive consumers or traders of their rights to seek redress before the courts. This Regulation should not, therefore, prevent parties from exercising their right of access to the judicial system’.

2. Online Mediation

Online Mediation is a form of ODR that mirrors the traditional mediation process. Nonetheless, instead of a face-to-face interaction, disputing parties use digital tools such as Zoom, email, and specialized online platforms. This method consists of the same core elements as traditional mediation, where a neutral third party needs to be appointed to facilitate communication between disputing parties. The main difference between online mediation and traditional mediation is that physical presence is not required.

Advantages of Online Mediation

1. Availability: Online Mediation is accessible regardless of the disputing parties’ locations. Participants can engage from their most comfortable environment, thus eliminating geographical barriers. This is particularly advantageous for cross-border disputes.
2. Effective Procedure: Like traditional mediation, the process is straightforward, and the decision is not binding unless it is formally enforced.
3. Time Efficiency: Disputing parties can schedule sessions based on their routines and this increases their willingness to find a solution. Additionally, online tools facilitate quicker document exchange, expediting the resolution process.
4. Cost Efficiency: Traditional Mediation is one of the most cost-effective methods for resolving disputes. Online Mediation enhances these savings by eliminating the need for meeting in person and booking meeting rooms and related expenses.
5. Maintaining business relationships: Online Mediation fosters open communication and willingness to strengthen business relationships.

Disadvantages of Online Mediation

1. Limited Privacy: Concerns may arise regarding the confidentiality of sharing crucial information through online platforms, as privacy is often into question.
2. Technological issues: Similarly, to technological errors, technical issues are very common to arise during Online Mediation sessions. This can be due to software malfunctions or poor connectivity issues. These challenges can disadvantageously delay the resolution process.
3. Limitation of Human indicators: The absence of emotions and body movements can make participants to not communicate effectively and potentially leading to misinterpretation and communication challenges.
4. Cultural and Linguistic Obstacles: Online Mediation may not be ideal when the disputing parties come from different countries and there are language barriers.

3. How far can Online Mediation go?

Online Mediation is a method of ODR that can resolve nearly all types of legal disputes, spanning commercial, consumer, family, employment, and corporate realms. The key to success lies in the willingness of both disputing parties to reach a solution.

With Online Mediation, enhanced ease and convenience are offered for reaching ideal solutions. It facilitates communication between employers and employees, as well as divorced parents, through a user-friendly platform. Moreover, in the corporate world, individuals frequently engage with international clients, making online tools for dispute resolution crucial.

4. Conclusion

As technology advances, users should embrace all the benefits it offers. Given that Cyprus adopts European regulations, disputing parties should fully utilise Online Mediation in their everyday lives. Despite any drawbacks associated with Online Mediation, individuals should identify and mitigate them to maximise the success of this resolution method.