Cell phones, wireless computers, digital TV, live in the realm of overly busy communication through fast growing technology. Businesses can produce and handle larger volumes in less length of time due to invention of the computer along with the World Wide Web. What once took a couple of days to send information within the mail is instant with the internet. As we have watched technology grow, so has litigation. Over the past decade possibly even, our judicial system has experienced an "over population" of lawsuits.
Now the actual nearing the conclusion of 2009, getting ready to get into 2010, facing further burdens from your struggling economy, unemployment with an all time high, what were once credit worthy individuals are now faced with losing their homes and mounting credit debt. It is a downward spiral that is currently hitting our judicial system who must face ever rising commercial collection agency suits being filed by banks and creditors. The courts are overloaded and overwhelmed with cases well as over the course with the last couple decade have implemented alternative dispute resolution methods for relief like a standard of the litigation process.
So here i am, economy struggling, litigation in an in history high, mediators are busy handling their upflow of cases being described them. How can technology develop, promote and effectuate ADR? The World Wide Web we can reach people around the world. It allows for instant communication with an expansion of relationships at one time we never experienced. With the overflow of litigation and also the necessity for mediation and also other alternative dispute resolution resources, the World Wide Web provides practitioners along with their clients a whole new ways of resolving disputes which can be more very theraputic for all parties.
First, online ADR can accommodate our busy everyday schedules. An ADR session can be held online through Skype, chat and other online language resources while someone is at work or in the home handling other responsibilities. Maybe the participant has young kids plus they cannot get or afford a sitter. The online process allows the consumer to stay home and participate without leaving her or his children.
Second, online ADR could be less costly when compared to person. Conducting an online mediation relieves the individual's involved from visiting the mediator's office, in order to a mutual location. It may relieve a party's lost time off work if they have to accept the day off and away to attend a mediation session. The employer could possibly be more prone to accommodate the employee's attendance whether they can remain at any office and attend online.
Third, for many who battle with facing the other party, especially in a very family or divorce dispute, this gives them an additional way of privacy, security, confidentiality and, lastly, t no personal confrontation with the opposite party. This may be crucial because in a few instances, confronting the opposite individual is so stressful that this safety from the communication process in mediation is destroyed for anxiety about confronting one other individual.
There are problems with online dispute resolution. The biggest negative with ODR is that it is definitely an impersonal process. With the development of ADR we are learning increasingly more that there is often times a psychological undercurrent that requires addressing. This is a challenge when you use ODR. The human elements are removed, including body language, tone of voice, emotions and etc. These might be imperative to the mediator understand the actual issues and being aware what things to ask plus what direction to move the procedure forward. Additionally, sometimes a bad tone of an email might be misconstrued which enable it to cause additional misunderstanding inside the process. As positive as it may be to talk through email, it might be just like negative. Because we're feeling secure along with this sort of communication, it is a breeze for disputants to start throwing around harsh and angry emails this also only escalates the dispute and hinders the procedure
Technology has created a great tool for alternative dispute resolution, the one which I believe we will see develop and continue to blossom over the next decade. However, each case has to be personally picked for the suitability for a mediation or arbitration in this type of environment. It is not for everyone or every situation. However, it may prove itself to get a great tool for ADRS reaching settlements to the nations mounting disputes and litigation.
