Leveraging Electronic and Web-Based Mediation Methods for Dispute Settlement
In the digital age, online mediation has emerged as a valuable tool for resolving disputes that cannot be addressed face-to-face. This process, facilitated by an agreed-upon third party, has proven effective in various settings, thanks in large part to the importance of rapport building.
Genuine rapport is crucial in online mediation, as it helps gain the parties' trust and confidence. As one respondent aptly put it, "You can't fake it." Building rapport is not just about following a script; it's about understanding the parties' needs and concerns, and demonstrating empathy and respect.
The Technical University of Applied Sciences Wildau in Germany offers training to become an online mediator, equipping individuals with the skills necessary to navigate the complexities of online conflict resolution. A mediator's role is to work subtly so that parties leave feeling as if they have reached accord largely on their own, deepening their commitment to honor the agreement.
Online mediation primarily takes place through email, with occasional use of telephone, video conferencing, and real-time chats. Parties exchange documents via email, and the mediator guides the process, ensuring that discussions remain focused and productive.
Early studies of online mediation have found it to be an effective means of resolving disputes. However, it's important to note that parties may miss out on in-person signals and may be prone to misunderstandings and hostile messages when primarily communicating via email.
To mitigate these risks, mediators must establish a strong rapport with the parties. They must understand each party's interests and concerns before they are willing to settle, allowing the mediator to reframe problems and float creative solutions.
An artful process in online mediation is one in which others do not feel maneuvered or manipulated. A detached observer or the parties themselves might have very different explanations for a mediator's success compared to their own perceptions.
Parties may be less trusting of mediators they choose online compared to local mediators chosen via word of mouth. However, establishing rapport is more important to effective online mediation than employing specific mediation techniques and tactics, according to a survey by Northwestern University law professor Stephen Goldberg.
In conclusion, the importance of rapport building in online mediation cannot be overstated. It is a crucial factor in gaining the parties' trust, understanding their interests, and facilitating a productive and successful mediation process. As online mediation services continue to grow and evolve, the art of rapport building will remain a fundamental skill for online mediators.
