The Pros and Cons of Online Mediation: A New Normal for Justice?
The COVID-19 pandemic changed how we do just about everything, including resolving disputes. With courtrooms shutting down and social distancing becoming the norm, online mediation emerged as a practical alternative dispute resolution (ADR) method. Like any approach, it comes with its fair share of benefits and challenges. Let’s dive into what makes online mediation a game-changer—and where it falls short.
One of the biggest advantages of online mediation as an alternative dispute resolution method is its accessibility. Not everyone has the luxury of traveling to attend in-person sessions, whether due to mobility issues, caregiving responsibilities, or distance. Online platforms make it easier for more people to participate, leveling the playing field in many ways. It’s also easier on the wallet. No need to pay for meeting rooms, travel expenses, or extra time away from work. For many, this cost-effectiveness is a game-changer. Plus, for those dealing with sensitive or tense situations, a virtual environment can feel safer and more neutral than sitting face-to-face in the same room.
Another perk is how online mediation helps keep conversations on track. With technology ensuring that only one person speaks at a time, discussions tend to stay more organized and focused. This structure often leads to faster resolutions, cutting out the unnecessary back-and-forth that can bog down traditional mediations. In fact, experts have noted that online mediation often resolves disputes more quickly, with less drama and fewer expenses compared to in-person sessions, making it a highly efficient ADR option.
That said, it’s not all smooth sailing. Technology can be a double-edged sword. While it enables remote participation, it also creates barriers for those who aren’t tech-savvy or lack access to reliable internet. Older adults, in particular, may struggle with the virtual setup, making them feel excluded from the process. Then there’s the issue of privacy. Mediating from a home environment doesn’t always provide the neutral and confidential space needed for sensitive discussions. Background noise, distractions, and even the presence of others in the household can complicate matters.
Technical glitches are another common complaint. A frozen screen or a dropped connection can derail even the best-prepared session. Additionally, the lack of face-to-face interaction creates a sense of distance. Mediators and participants miss out on the subtle non-verbal cues—like body language or facial expressions—that are crucial for understanding emotions and building rapport. This disconnect can make conversations feel less natural and more rigid. And let’s not forget about the dreaded “Zoom fatigue.” Long hours staring at a screen, maintaining eye contact, and managing the stress of virtual interactions can leave everyone feeling drained by the end of the session.
Despite its challenges, online mediation is proving to be an essential tool in the world of alternative dispute resolution. It offers accessibility, affordability, and efficiency, making it a strong alternative to traditional in-person methods. However, it’s clear that more work needs to be done to address its limitations and ensure that everyone can participate fully and comfortably.
As the world continues to adapt to this “new normal,” online mediation will likely evolve too. Whether it’s through better technology, improved training, or hybrid models combining the best of both worlds, the future of justice—and alternative dispute resolution—is undoubtedly digital. What’s your take on online mediation? Is it a step forward, or are we losing something valuable in the process? Let us know your thoughts!