Mediator’s Diary: More on Mediation and Its Varieties - Part 3

In the first part of this series in our rubric "Mediator's Diary" we told how long mediation dates back, we defined two types of mediation- facilitating and assigned by court.

In the second we presented two other types of mediation that are used in practice: evaluative and transformative.

In this last part of the series dedicated to the types of mediation, we talk about hybrid types of mediation and the most modern type - e-mediation.

Med-Arb

Med-arb is a combination of mediation and arbitration. This is a hybrid procedure that contains the possibility of both in combination. In it, the parties agree in advance that the outcome of the dispute is binding on them. A mediator assists them in the negotiations and if they do not reach a decision, they move on to the second stage - arbitration. An arbitrator, who can be the mediator himself, if he/she is qualified to do so, makes a decision. The latter can only concern the points on which the parties have not reached an agreement or, in principle, the whole case.

Arb-Med

In this hybrid procedure, in contrast to the previous one, a neutral third party hears the parties in its capacity as an arbitrator and records a decision which it keeps secret. If the parties fail to reach an agreement in the mediation process, this decision is disclosed to them and becomes binding.

E-mediation

This is the most modern way of conducting mediation. As a rule, it is remote, i.e. the parties do not gather together. It can be fully automated, without the involvement of a mediator, following an algorithm and artificial intelligence, or use electronic tools, while maintaining the active role of the mediator in it. It became especially popular in pandemic times due to the inability of the parties to come together in person. It can take the form of e-mails or chat, but also video conferencing.

NAIS ADR Center uses this type of mediation. In the broader sense of alternative dispute resolution, which can be based on other means, our center applies the so-called online dispute resolution - ODR.

In the next publication from the section "Mediator's Diary", we will introduce you to the topic of the advantages and disadvantages of e-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.

Sources:

https://www.mediate.com/articles/vinther-history.cfm#:~:text=Many%20scholars%20believe%20that%20mediation,it%20appeared%20before%20the%20court.