Mediator’s Diary: E-mediation as a form of ADR- advantages and challenges - we speak from personal experience - Part 1

In the series of 3 articles "More about mediation and its varieties" we discussed how long back dates mediation as a method of resolving disputes and what types of it exist.

We will now focus on the most modern variation, e-mediation, which is used at NAIS ADR Center for resolving consumer disputes. We will tell more about our kitchen – i.e. what the advantages and challenges in it are.

What is e-mediation?

We remind you that e-mediation is the most modern way of conducting mediation. As a rule, it is remote, i.e. the parties get together in person. It can be fully automated, without the involvement of a mediator, following an algorithm, even with the help of artificial intelligence or using electronic tools, while maintaining the active role of the mediator in it. It became especially popular in the Covid pandemic times due to the inability of the parties to attend the procedure physically. It can take the form of e-mails or chat, but also video conferencing.

For the purposes of e-mediation in our Center for ADR NAIS we use a specially developed tool - our electronic platform nais.bg. In it, the three parties, user, trader and mediator, create  profiles through which they log in and communicate with each other in the form of a chat on a common screen, at a time and a place that is most convenient for each of them. Our mediation procedure is led by a mediator and does not use artificial intelligence.

The advantages of e-mediation: Flexibility, convenience, economy

The ability of the parties to carry out negotiations at any time and from any place provides speed, flexibility and great convenience to them. In such way we ensure their favorable attitude and greater peace of mind during communication. It is not necessary for the parties to be logged in to the electronic system at the same time in order to be able to chat. If any of them writes something in the chat, the system automatically notifies the others by e-mail and they know that they can also take a stand on the chat screen.

Imagine being a retailer of a small but revolving e-shop. Every customer is important to you and you don't want to disappointed her, but a complaint has been filed against you, and you are on the opposite side of the earth globe, in a different time zone. It is important for you to know what went wrong with this customer, who brought you several thousand Euros. No problem to take action. The mediator, who helps in your negotiations with the dissatisfied client, keeps the negotiations active, helps to clarify the problem and helps to keep the tone of the chat calm and constructive. Thanks to this modern platform you have the chance to play this complex situation with dignity and success.

Imagine you are a mediator. This case with the online trader and his dissatisfied customer, to whom the trader clings, has dragged on, but you know that the parties have the desire and will to agree. From the law firm they sent you on a business trip. No problem, the case is under control, since you access the system on the web and you skillfully direct the parties to concentrate on proposing solutions to the agreement, there is no need to interrupt the procedure or have someone else to  complete it for you.

Imagine you are a consumer. Since the pandemic, you have settled in the villa, in the middle of wonderful nature, you do not want to return to Sofia, but you have an active professional life. You have to buy electronics regularly, make a big turnover on a small but loyal to its customers online shop. There you find things that others cannot deliver to you, the owner is an expert in your field. Last time something went wrong with the delivery. It happens for the first time, but the blunder is big and for a lot of money. You call the trader's phone, there a timid employee does not dare to make a decision, because the value of the purchase is high, and the boss is not there - he is in Australia. You do not like it and write a complaint to NAIS ADR Center. To your greatest surprise and another confirmation of the trader’s dedication to his customers, he agrees to resolve the dispute with you with the help of a mediator. Things drag on, but in the end there is an agreement that largely covers your demands. You do not need to stop buying from this company, because it has treated you correctly. You even brag to friends and colleagues and recommend it.

This whole thing is happening between the parties without investing a penny in transport and blocking time in the schedule due to this remote access to mediation.

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If you are a trader and you like mediation as a way to find a solution to complex complaint cases quickly, easily, economically, while maintaining relationships with your customers, you can register in the ODR platform of the European Union.