How mediations are carried out in online business relationships

Jan 27, 2022

The development of communications in the electronic field meant a significant change within relationships, not only personal but also commercial and consumer, which can now happen at any time and with any person located in different parts of the world. The development of what is commonly known as ICTs (Information and Communication Technologies) has given rise to a new form of exchange.

The birth of this new modality, where conflicts of different kinds arise between the relationships of its components, forces the development of new procedures to adjust this new situation and resolve disputes. For this, mediation is a good option. Mediation is when a third person appears (the mediator) to help two parties resolve a conflict.

What is online mediation?

Online mediation is a documented procedure that counts with the intermediation of a third person who has been requested by one of the participants. He invites the other party, who has not reached a prior agreement with the first person, to respond through a procedure that establishes the parameters to get a possible solution for both parties. The online mediator makes the final decision. Thus, the entire process is documented in writing (with emails, chats, etc.) or recorded (such as a videoconference).

The main difference between this new modality and the previously known mediation is that the full conflict development and solution are entirely online. That means having physical and geographical distance with all its parts. Therefore, the management tasks are carried out electronically: the management of documentation, information, statistics, management of reports, etc.

On unfair online competition

When the differences of vision between partners appear, where they pursue different objectives and interests, the conflict also arises. In this case, the legal mediator will be a computer lawyer, who will take the case for its satisfactory resolution.

A lawyer specializing in Digital Law can also mediate in cases of unfair competition online. In addition, she can advise technology companies or those who want to open an online business, taking into account the jurisdiction that applies to the Internet.

Due to the advancement of new technologies, greater development can also be expected within online conflict resolution. The weight of the mediator within this medium and of commercial relations is going to increase. 

“Tribuna del derecho”, a site with information on everything related to the world of law and legal information, has collaborated with our blog in this post.


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