Hot Disputes Cool Down in Online Mediation

Workforce, Jan, 2001 by Brenda Paik Sunoo

www.NewCourtCity.com: This provider offers conflict-prevention, management, and resolution services and training geared to employers and HR.

www.onlinemediators.com: Learn about a five-step online dispute-resolution process.

www.onlineresolution.com: Learn how to resolve e-commerce disputes, insurance claims, business negotiations, EEOC issues, and family conflicts online.

www.spidr.org: Follow the Society of Professionals in Dispute Resolution's task force on online mediation.

www.squaretrade.com: See where eBay settles its disputes between buyers and sellers.

www.TAGS@fmcs.gov: Learn how the federal government is using online mediation with its clients.

www.umass.edu/dispute: Visit the Web site for the Center for Information Technology and Dispute Resolution at the University of Massachusetts, Amherst.

Framing the Online Mediation Dialogue

Through e-mail and Web strategies, an unlimited number of mediation participants can be involved in communicating, negotiating, and drafting resolutions, according to James C. Melamed, director of The Mediation Center in Eugene, Oregon. Below are examples of how an online mediator might frame such a discussion between two--or more--disputants during the early stages of negotiations:

#1 Subject: Online Mediation: Getting Started

Hello, party 1 and party 2:

Thank you for using Online Mediation. I am the mediator assigned to your case. My profile is available at http://www.onlinemediators.com/mediator.> I am currently reviewing the case and will be composing some questions to begin the process. I will be sending that message to everyone involved within the next couple of days.

If you have any questions about the process or would like to send me additional information, you may reply to this message. Remember "Reply" will send the message to me alone. "Reply All" will send the information to me and the other party.

Again, thank you for participating. I will be back to you soon.

Your online mediator

#2 Subject: Time to Get Started

Hello. This is your friendly online mediator again.

Unless I hear otherwise, I will assume that you are satisfied with my selection as your mediator. I will do my best to assist you.

I want to confirm that you understand the voluntary nature of this process and also that you have complete decision-making power. I also want to confirm that our discussions are confidential. No communication will be held against anyone in any possible future contested action.

Please let me know of any questions that you have as we begin our discussions.

Perhaps the best place to begin is to ask each of you to sumarize:

* The issues that you believe need resolution

* Your interests (what you would like taken care of)

* The options (different ways we could solve the issues)

Thanks for working with me to resolve this matter. I will be back in touch as soon as I have heard from each of you. I encourage you to do a "Reply All" on this message so that we can share this information. If you want to communicate with me individually, that would be a "Reply" message (or separate message).