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Basically, any dispute can be mediated online, including civil disputes and emotionally charged conflicts. Non-violent criminal matters, such as claims of verbal or other personal harassment, can also be successfully mediated.
Online mediation is particularly suited if following circumstances apply:
- Geographic diversity: Geographically diverse participants such as global business entities with cross-border disputes or e-commerce buyers and sellers who need a fast resolution for disputes that arise out of (international) e-commerce transactions;
- Preference for non-legal proceedings: Private consumers and business entities that do not want to initiate legal proceedings to resolve disputes. In general these are disputes where parties have had a good relation in the past or want to preserve the ongoing relationship (such as disagreements between parents with child-care needs or family-business members or employment conflicts);
- Preference for non-face-to-face: Highly emotional situations with the potential for escalation. In online processes parties may feel more at ease to communicate online without the “stress” caused by the physical presence of the other party and where there is no need for participants to respond immediately, allowing for less-emotional and more-reflective communication;
- Physical and budget constraints: Participants with limited time and financial resources who prefer to connect to the ongoing discussion at different times and places such as frequent travelers; over-scheduled users; anyone who can't afford to take time off work; housebound, handicapped or elderly persons; or small-business owners;
- Resolution of low-value disputes: Disputes (such as those that arise in e-commerce) where the value of the subject matter of the dispute is not sufficiently high enough to justify the cost of parties meeting physically. Generally going to court is simply not an option. Too expensive, too slow and given the geographical distance between parties, impractical;
- Enhanced preparation of high value and complex disputes: Disputes where the complexity and the value of the subject matter sufficiently justifies and, above all, requires an effective preparation to enhance the effectiveness of the subsequent proceedings, at considerably lower costs;
- Circumstances of urgent (legal) problems and justice needs: In many situations going to court is neither an option nor viable, which leaves the way open for fast and fair online processes. Examples are former war-torn areas, where legal infrastructures have vanished and citizens are deprived of their basic rights for access to justice, or when natural disasters require a fast resolution of (insurance) claims so that people can start to rebuild their lives.
Although Juripax’ ODR technology, in particular the E-Mediation Suite, has been specifically developed to facilitate dispute-resolution proceedings, it can basically be used to facilitate or mediate any type of negotiations between parties, independent of the type of proceedings and whether the proceedings are taking place online or offline.
Also, the E-Mediation Suite can be used solely as a preliminary conference-tool for judicial or any type of ADR proceedings. These preliminary conferences are generally held in more-complex and/or high-value disputes, where the complexity and the value of the subject matter sufficiently justifies an effective preparation to enhance the effectiveness of the subsequent proceedings, at considerable lower costs.
Scientific and training institutions can also use the E-Mediation Suite for scientific, educational or training purposes to improve professional skills and competence thanks to the “invisible” mentoring, tutoring and supervision possibilities.
The basic principle of facilitating online negotiations between parties being at the core of Juripax’ E-Mediation Suite, allows it to be adjusted easily and flexibly to meet the requirements of a variety of (other) users and their specific demands.
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