Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from essay:
The primary challenge with online dispute resolution is that the online world does not perfectly mirror the real world. Mediation is typically most effective if the parties of the dispute are physically present with the mediator, yet with online dispute resolution there is a level of impersonality that interferes with the mediation process ("The pros," 2003).
Although there are benefits to the asynchronous nature of e-mail, mediation is sometimes more difficult due to this factor. Negotiations are often facilitated by the parties being able to freely communicate with one another. The delay between responses can cause frustration for both parties and negatively affect the process. Much of the dynamics of face-to-face mediation are lost as well ("The pros," 2003). The emotional aspect is a concern in online dispute resolution as well.
Emotions are an integral part of many mediations. With online dispute resolution these emotions can get lost or can get misconstrued. Online communications lake the variable pitch, tone and volume that comes with face-to-face verbal communication that are so often important in determining the feelings behind a communication. E-mail communications cannot transmit personality or physical cues. They lack the facial expressions that go with feelings, and are not as rich and meaningful as face-to-face communications. For this reason, it's often more difficult to evaluate how flexible the parties are with their negotiation or how strong the party feels about a particular concern ("The pros," 2003). What can be worse is feelings being misconstrued through the written communication of e-mail. Without the nuances of voice inflection and body language, a party can misread the tone of an e-mail and have it negatively impact their understanding (Gillieron, 2008).
The mediator themselves are at a disadvantage with online dispute resolution, as opposed to face-to-face mediation. E-mail communication does not allow the mediator to as effectively use seriousness, professionalism, occasional humor, and charisma to guide the mediation process and facilitate negotiation. They are not able to use their physical self to set the parties at ease. Also, like the parties involved in the dispute, they too are at a disadvantage when trying to discern the emotion behind e-mails. They also are without the intuitive cues of facial expression, verbal tone and body language, that are present with face-to-face mediation ("The pros," 2003).
In addition to the lack of verbal cues, there is the challenge of accessibility that comes with online dispute resolution. Although the Internet has become increasingly popular, over the last decade, there are still many individuals who do not have Internet access, especially if the dispute is regarding an off-line transaction. Even those who can access the Internet occasionally through places, such as the public library, may have difficulty due to the duration of some online dispute resolution processes, which may take anywhere from a few hours to weeks. There is also the disadvantage for those who are not as familiar with computers and the Internet as some, and this may relate to a disadvantage in the negotiation process of the dispute resolution. Lastly, there is the cost involved in online dispute resolution services.
Although, as noted earlier, online dispute resolution services are much more cost effective than litigation, there are those who may still be unable to pay the fees necessary. The sums of money involved in e-commerce transactions may also be so small that the fees for mediation make it financial unfeasible. As an example, SettlementOnline charges $300 for each settlement it reaches. CyberSettle charges $100 for amounts under $5,000 ("The pros," 2003). With fees this high, it may be ineffective to proceed with online dispute resolution.
As the Internet and online communications become increasingly popular, the use of online dispute resolution is likely to continue. There are a variety of similarities between the traditional face-to-face mediation process and todays cyber mediation process of online dispute resolution. Both often employ a neutral third party, both look to facilitate communication between the interested parties, and both aim to come up with a solution that is agreeable to both parties. However, other than the physical proximity of the parties, online dispute resolution often sees the mediator becoming the decider of the case, should an agreement not be able to be reached. Although there are advantages to the online dispute process, which has led to its increasing success, there are challenges as well. The subtle nuances of face-to-face communication are lost in the online dispute process. The impersonality of the process has a negative effect on both the parties involved as well as the mediator. Although the process is less expensive than litigation, the charges for online dispute services are often too high for the small sums of money in question in many e-transactions. For this reason, there is still much work that needs to be done to perfect the use of online interaction for mediation.
Cortes, P. (Oct 2008). Accredited online dispute resolution services. Information & Communication Technology Law, 17(3). p. 221-237.
eBay's role when you need to resolve a problem. (2009). Retrieved December 7, 2009, from http://pages.ebay.com/help/buy/role-of-eBay.html.
Fritz, J. (Nov 2008). Improving special education mediation. International Review of Sociology, 18(3). p. 469-480.
Gillieron, P. (2008). From face-to-face to screen-to-screen: Real hope or true fallacy? Ohio State Journal of Dispute Resolution, 23(2). p. 301-343.
Lawrence, A. (2007). Capitulate or else: San Diego's mandatory mediation process and procedural fairness. Journal of Contemporary Legal Issues, 16(1). p. 247-253.
Patterson, R. (2006). Resolving civilian-police complaints in New York City: Reflections on mediation in the real world. Ohio State Journal on Dispute Resolution, 22(1). p. 189-225.
Siburian, P. (Oct 2007). WTS's online disputes settlement. ICFAI Journal of Alternative Dispute Resolution, 6(4). p. 7-23.
The pros and cons of online dispute resolution: An assessment of cyber-mediation websites. Duke Law and Technology Review, 4, Retrieved December 7, 2009, from http://www.law.duke.edu/journals/dltr/articles/pdf/2003DLTR0004.pdf.
Turel, O., Yuan, Y., & Connelly, C. (Spring 2008). Injustice we trust: Predicting user acceptance of e-customer services. Journal of Management…[continue]
"Mediation Online Dispute Resolution Online" (2009, December 07) Retrieved October 27, 2016, from http://www.paperdue.com/essay/mediation-online-dispute-resolution-16607
"Mediation Online Dispute Resolution Online" 07 December 2009. Web.27 October. 2016. <http://www.paperdue.com/essay/mediation-online-dispute-resolution-16607>
"Mediation Online Dispute Resolution Online", 07 December 2009, Accessed.27 October. 2016, http://www.paperdue.com/essay/mediation-online-dispute-resolution-16607
" (U.S. Equal Opportunity Employment Commission, nd) This is a voluntary mediation agreement, which may opt out of by the employer or the employee. The benefits of the UAM include: (1) "UAM demonstrates from the outset a company's willingness to mediate on cases eligible for mediation - this may contribute to the ultimate satisfactory resolution of a matter; (2) With a UAM, the initial step of contacting the employer to
The previous section discussed the advantages of ODR. This section will list some of its disadvantages and, likewise, analyze the advantages and disadvantages of online legal guidance in general Positive sides ODR The merits of ODR, as stated, include the fact that users can save time and expense by scheduling their meetings online at the comfort and convenience of all parties. Disputes, too, such as those by virtual traders can be resolved in
Hence, those people who are particularly concerned about privacy are far more comfortable with mediation as compared to litigation or arbitration for dispute resolution. Confidentiality is particularly important in settlement proceedings as people are often reluctant to reveal their "bottom line" to the opposing party; in mediation, they may reveal their bottom lines to the mediator in confidence who can use the information to settle the dispute. Cost Reduction Mediation is,
Alternative dispute resolution (ADR) is a dispute resolution process that acts as a means of using an external party to settle disagreements between two parties Colbran, 2012. ADR has now become widespread and accepted by many states and counties in the United States. In the recent past, some courts have demanded that some parties use ADR to settle their cases. If the mediation process of ADR does not reach an agreement
Social Media as a Potential Tool in Conflict Resolution: A Facebook Perspective Humans are social animals, and will usually dwell together in communities, based on their beliefs, resources, preferences, needs, risks, and a number of other conditions which may be present and common, affecting the identity of the participants and their degree of cohesiveness. Community In sociology the word community is often used to refer to a group that is organized around common
"Divorce mediation confronts one of the most difficult conflicts that exist on earth, the breakdown and ending of the intimate, complex marriage relationship." The desire of individuals to remove divorce from the adversarial legal arena is fundamental to the growth of conflict resolution options for couples leaving a marriage. There is nothing more frightening than change, especially when the emotional stakes of the outcome of such change are so
3) Enforcement of Teams Rules - This is not a technique that is desirable but is to be used when team members refuse to be team players; 5) Retreat - This allows individuals a cooling off period and is effective when there is not a real problem but only the perception of one. 6) De-emphasis - This is a type of bargaining that emphasizes the areas of agreement. (Townsley, 2006) Teams require some