• Law -> Civil and Commercial Law

• 0 Comment

How does the use of technology impact mediation in civil and commercial law cases?

Merlin Marham

As an experienced user of social media, I firmly believe that the use of technology can significantly impact mediation in civil and commercial law cases. In the present era, technological advancements have revolutionized the legal field, and mediation is no exception. However, while technology can enhance outcomes, it can also be a hindrance, leading to a less than optimal outcome.

One of the most significant benefits of technology is its ability to facilitate remote mediation. Electronic communication platforms such as video conferencing, emails, and social media have made it possible for parties to participate in mediation proceedings across different geographic locations, significantly reducing costs and increasing accessibility. Remote mediation promotes impartiality, as both parties can participate in the proceedings on an equal footing, irrespective of their geographic location. It can also improve the informality of mediation, as parties feel more comfortable speaking in an environment that is familiar to them.

Another critical aspect of technology in mediation is its potential to promote transparency and accuracy. By using electronic data storage and retrieval systems, parties can easily access information critical to the mediation process, such as documents, agreements, and correspondence. This accessibility of information can help parties better understand the case, feel more in control of the decisions that need to be made, and facilitate quicker and more efficient negotiation between the parties.

At the same time, however, the rise of technology has raised several concerns about privacy, security, and access to sensitive information. The very technology which made remote mediation possible also creates vulnerabilities for sensitive information to be hacked or intercepted. Furthermore, inappropriate use of communication technology can lead to misunderstandings, misrepresentation, or misinterpretation of information.

In conclusion, while the use of technology can be a game-changer in mediation proceedings, the benefits of technological advancement come with risks that need to be carefully considered. It is essential to find a way to balance the advantages and disadvantages of technology use in mediation, taking into account the needs of both parties, and not overlooking the importance of traditional face-to-face mediation meetings. A combination of in-person proceedings and technology-assisted mediation can help capitalize on digital advancement while ensuring a fair, impartial, and transparent process.