Mediator’s Diary: E-mediation as a form of ADR - advantages and challenges - we speak from personal experience - Part 2

In the first part of this series, dedicated to e-mediation, we discussed its advantages due to the fact that it is online, namely flexibility, convenience, economy. Every web-based service has these characteristics, such is the case with the electronic platform of the ADR Center NAIS- nais.bg

Now we will now talk about the advantages due to its written form.

The advantages of e-mediation: efficiency, effectiveness, creativity, balance

The most common feedback given by people who test our platform - traders and mediators - is that the written way of communication allows for more structure of speech, conciseness and better understanding of reactions. Helps to balance emotions, reduce the influence of stereotypical thinking and personal prejudices towards the other party, their appearance, outlook, smell, tone of voice and more. This style of communication shortens the procedure, but at the same time, thanks to the opportunity for sufficient time to consider the case, helps to exchange interesting and creative solutions. The more diversity there is in the parties' proposals for resolving the dispute, the more appropriate the decision becomes to the specific case and in accordance with their interests.

Imagine that you are a trader and while you are on holiday in Australia, you are at the beach with a cocktail and you have time to think about what to offer to this client of yours who has complained, but so as not to lose a lot of money because he wants to cover all his costs for the blunder that happened with his delivery, and the amount is huge. You come up with interesting ideas. You share with someone around you, she also gives you interesting suggestions. You submit them to the mediator in your confidential chat on nais.bg. One of them is very pleasing to the client and the case is resolved without much loss for you, and you keep him as a customer and preserve the future profits coming from him.

Imagine that you are the mediator who understands that the trader is in a very difficult situation, the Consumer Protection Act gives the complainant full rights, but he is still inclined to agreement. The solution must be very special, different, suitable only for this case. Many and varied proposals are needed to achieve this. The parties must be very active. Your speech should be precise, not to press the parties but to keep them active, and also not to let them prolong the case too much. The consumer is in a better position because the law is on his side, he does not feel the need to be creative, he is just still in good spirits, but you don’t know for how long. The trader is on the other end of the world, in another time zone, he is on vacation, he is not very focused on the case. You have to push him to act but not too much so that he doesn't back down from the procedure. You write to him in a confidential chat, because the platform gives such an opportunity, i.e. you have separate chats for each of the parties and one common for all. And here, the trader surprises you with 5 solutions, quite well thought out and structured, some of which are extremely resourceful. The user agrees with one of them. Great development of the dispute! A dream come true!

Imagine you are a consumer. You are not ready to put up with this situation at all, because thousands of euros are at stake. You don't care about the CPC and you don't want to slander the trader in front of the institutions, you don't want the company to be punished, you just want to get along with them - to cover all costs if possible. However, you have no desire to wait any longer and you are a little nervous that there is no solution yet. You understand from the mediator that the trader offers interesting options - they do not fulfill 100% of your request, but you especially like one of them, because it brings you more benefits in the long run. You agree and continue to buy from this trader because he is correct and resourceful in solving problems.

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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.