Decalogue of Good Practices for Electronic Mediation

Emedeu Project Edition, Forthcoming

12 Pages Posted: 11 Feb 2017

Date Written: February 10, 2016

Abstract

Recently, many entities specialising in alternative dispute resolution have incorporated information and communication technologies (ICT’s) into their activity while at the same time. others have burst into the justice system offering alternative resolution systems that are completely on-line. Based on the analysis of the existing stock of practices and cases, it becomes apparent that there are certain directives that all on-line mediators should apply in order to ensure that 1 all procedures are carried out efficiently and successfully, as these indicators are closely tied to quality.

One can identify ten standards of conduct which are essential in order to ensure appropriate management of mediation procedures when these are implemented by means of electronic devices:

(i) communication using a slightly formal tone and appropriate response during conversation between experts and parties (feedback).

(ii) concise and clear communication, whether asynchronous or real time.

(iii) Intense, active listening adapted to the electronic environment.

(iv) Mastery of ICT tools.

(v) Transparency with regard to the mediator, the institution and procedures;

(vi) Technological equality;

(vii) Ease of application of the procedures -user-friendly, in other words, intuitive, simple and above all brief;

(viii) Mastery of information management

(ix) Appropriate use of suitable iconographic symbols and other elements that transmit emotional meaning to the texts;

(x) And a clear separation of environments/professional and personal moments.

Keywords: ecommerce, mediation, ADR, ODR, dispute resolution

Suggested Citation

Vilalta Nicuesa, Aura Esther, Decalogue of Good Practices for Electronic Mediation (February 10, 2016). Emedeu Project Edition, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2914995

Aura Esther Vilalta Nicuesa (Contact Author)

Open University of Catalunya (UOC) ( email )

Tibidabo Av. 39-43
08035 Barcelona, Barcelona 08035
Spain

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
46
Abstract Views
366
PlumX Metrics