Mediator’s Diary: E-mediation as a form of ADR- advantages and challenges - we speak from personal experience - Part 5

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. Then we talked about the advantages due to its written form - efficiency, effectiveness, creativity.

We also talked about the values ​​of public importance that e-mediation brings: social responsibility and security for the health of the participants.

We also revealed some of the challenges of e-mediation related to building trust between the parties, due to the virtual way of communication.

We continue to talk about other risks that e-mediation hides, which we do not hide, on the contrary, we pay attention to them and try to minimize them, because we are looking for maximum quality in solving cases in our center.

Challenges in e-mediation: Danger of underestimation of commitments to the procedure and passiveness

If the case is difficult and reaches a dead end, there is a danger for any of the disputing parties to refuse to continue his participation in the procedure- terminate it, because any of them has this right, or simply stop writing on the chat screen. In another case, especially when the trader is not motivated to negotiate and there is not enough activity from the complainant and / or mediator in the chat screen, he may simply stop chatting. Again, in the hands of the mediator is the role to keep the conversation active and the parties interested, to motivate them to make suggestions. It is important to emphasize their common interest - for the trader to keep the customer loyal and profitable, and for the consumer, to keep his supplier of products he likes, especially if they are rare.

Challenges in e-mediation: Negative written remarks

If any of the parties writes something ambiguous and the other misinterprets it, there is a danger that they will terminate the mediation or simply stop chatting. If the consumer's tone is too aggressive or even offensive, the trader quickly withdraws and stops negotiating. Another unpleasant consequence is that once a negative line is stated in written, it is not deleted and remains visible in the chat. Even if the mediator has managed to suppress the emotions caused by her, they can always emerge again if they come before the eyes of the parties again.

Challenges in e-mediation: The need for accuracy and precision of speech

A challenge again for the mediator. In addition to having the necessary set of knowledge on consumer protection law, she must be able to express itself in an accessible, concise, clear, precise and unambiguous way for the parties. Complicated legal terms can confuse them. On the other hand, if the trader uses very professional jargon, this may repel the complainant. The role of the mediator is to prevent such developments and to maintain the confidence of the parties. Also, as a professional with a complex set of skills, from law to psychology, she is expected to inspire respect and esteem of the parties and to master the situation in the negotiations. It is important to express herself grammatically correctly and without spelling mistakes. Therefore, chatting on a mobile phone carries many risks and it is not desirable to apply it regularly, but rather in extreme cases. Then it is good for the mediator to warn the parties that by exception she will have to write from a mobile device and incorrect expressions, spelling errors and typos are possible.

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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.