Electronic dispute resolution

Lawyou — viernes, 26 de febrero de 2021

Mediation is a booming area because it represents the alternative to costly and time-consuming court proceedings.

In addition, they allow a more appropriate solution to the needs of the parties, who feel heard and valued in mediation. In view of the great reception of mediation, the Mediation Law 5/2016, of June 6, on mediation in civil and commercial matters, in its article 24 introduces the possibility of using electronic means in the mediation process, as a real and novel possibility to carry out mediation.

What is online dispute resolution?

As in the face-to-face process, electronic mediation is voluntary, confidential and reserved. Moreover, it is a documented process that, through the inclusion of a third party, acting at the request of the parties, invites them to reach an agreement within fixed time limits.

However, the possibility of resolving conflicts online includes the use of communication technologies and information to mediation, which can be given for all sessions or only some of them.

From LAWYOU we highlight technology as a great tool, in all areas, but particularly in mediation, it can be a key support that increases mediation. The different tools we have (chats, videoconferences, e-mails, digital signature, …) facilitate the procedure, as well as reducing the economic cost, allowing a great time flexibility and the possibility of recording the issues discussed.

How is the process developed?

Face-to-face dispute resolution must be done in real time, with each side reacting immediately to new proposals by the other side. However, online mediation can be synchronous via videoconference or asynchronous, which can be especially interesting in cases where the parties are in different locations. In the latter case, the possibility of asynchronous interaction allows the parties more time to be able to respond or consult with others on new proposals.

LAWYOU experts recommend the asynchronous process for those particularly sensitive processes, where the parties, instead of reacting emotionally to a proposal, can focus on the issue and respond in a courteous and efficient manner. This may lead to a slower resolution, however, the agreements reached will be firmer, because they will have been taken thoughtfully.

Therefore, LAWYOU lawyers see a great opportunity in these procedures which, although they have their disadvantages, can be very advantageous for cost reduction and agility, in processes where the parties are not located in the same place.

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