Future Directions in Mediation
As technology continues to change the ways we interact with one another, it is likely that we will see advances
in mediation techniques. For example, there are companies that offer online mediation services, known as e-
mediation. E-mediation can be useful in situations where the parties are geographically far apart, or the
transaction in dispute took place online. Ebay uses e-mediation to handle the sheer volume of
misunderstandings between parties. Research has shown that one of the benefits of e-mediation is that it
allows people the time needed to “cool down” when they have to explain their feelings in an email, as opposed
to speaking to others in person.
In addition to technological advancements, new findings in psychology are influencing how disputes are
resolved, such as the rising interest in canine-assisted mediation (CAM), in which the presence of dogs is
posited to have an impact on human emotional health. Since the presence of dogs has a positive impact on
many of the neurophysiological stress markers in humans, researchers are beginning to explore the use of
therapy animals to assist in dispute resolution.
Figure 2.5
Mediation experts are considering the benefits of therapy dogs for canine-assisted mediation.
(Credit: Garfield Besa/ pexels/ License: CC0)
2.3
Arbitration
The American Bar Association (ABA) defines arbitration as the “private process where disputing parties agree
that one or several individuals can make a decision about the dispute after receiving evidence and hearing
arguments.” Arbitration is overseen by a neutral arbitrator, or an individual who is responsible for making a
decision on how to resolve a dispute and who has the ability to decide on an award, or a course of action that
the arbiter believes is fair, given the situation. An award can be a monetary payment that one party must pay
to the other; however, awards need not always be financial in nature. An award may require that one business
stop engaging in a certain practice that is deemed unfair to the other business. As distinguished from
mediation, in which the mediator simply serves as a facilitator who is attempting to help the disagreeing
parties reach an agreement, and arbitrator acts more like a judge in a court trial and often has legal expertise,
although he or she may or may not have subject matter expertise. Many arbitrators are current or retired
22
Chapter 2 Disputes and Dispute Settlement
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