ODR, or online dispute resolution, isn't a new form of mediation – it's been around since video conferencing software first made it possible. But its use skyrocketed during the pandemic and shows no signs of going away

In its 2023 audit of commercial mediation in the UK, the Centre for Effective Dispute Resolution (CEDR) revealed that out of 17,000 cases in the year to 30 September 2022, 64% were conducted online. As you'd expect, this is down from 89% during the pandemic – but still high enough for the report to note that "it would seem the nature of the field has permanently changed".

But as with online meetings and working from home, not everyone is convinced. In this article, we'll look at the way ODR differs from face-to-face mediation – and what its advantages and disadvantages are.

But first of all, how does mediation work?

A very short introduction to mediation

Disputes don't have to be settled in court. Whether it's in person or online, between family members or commercial partners, mediation seeks to resolve conflicts before they end up in the dock.

The government is on a mission to make mediation the first port of call in all disputes. At the time of writing, there's no legal obligation to do so – but if you can be proved not to have even considered it as an option, the court can slap you with legal costs.

The aim is always to avoid a day in court, with all the time, money and emotional energy that involves.

What are the advantages of online mediation?

Even before mediation sessions begin, everyone – both the mediator and the contesting parties – has to be on the same page. This means sharing statements and testimonies.

Sharing documentation digitally has a few advantages. First, it means that everything is readily to hand during the sessions. Screen sharing allows people to be literally on the same page as one another, with no rustling through reams of paper. On top of this, paper-free mediation is far more environmentally friendly.

A major roadblock to getting mediation off the ground is the difficulty of getting everyone together in the first place. This can be because of clashing diaries or an unwillingness to participate. Online mediation is incredibly flexible – all you need to join is an internet connection.

This can also make rescheduling a less contentious issue. If someone cancels an in-person session on the day, it can increase tensions between the parties and lead to more tedious diarising. Online, sick days and bad traffic are less destructive as meetings can be rescheduled more quickly.

Another obstacle that often stands in the way of dispute resolution is heightened emotions. Meeting face-to-face with someone you perceive to be your adversary can lead to stress, anxiety and confrontation. For this reason, mediation can be especially difficult in the case of family disputes.

Moving things online addresses this pain point in a couple of ways. First, nobody is going to enter the room highly strung after being cut up on the way there. Secondly, they can join the call from surroundings that they feel comfortable in, rather than a neutral but alien space.

Both of these factors can lead to clearer heads, more reasonable decision-making and even a more positive attitude from the get-go. And if people do need time to reflect or cool off, the mediator can easily facilitate this with breakout rooms.

Like all online meetings, there are no geographical restraints and no need to book a meeting room. Participants with mobility issues or other health problems can actively participate.

Finally, online mediation can be good for the mediator – who, after all, is the captain of the ship. Using gallery view, the mediator can see everyone's facial expressions and reactions at once, giving them a better sense of the group dynamic. They can also get a better look at their own manner. All of this can help them to manage the group and guide them to an agreement.

What are the disadvantages?

The flip side of the mediator being able to see all the participants' faces at once is that it can be hard to build rapport online. Our ability to break the ice is often dependent on body language and the subtleties of our gestures and facial expressions – none of which are easy to read on a video call.

Storming out of a physical meeting room isn't impossible, but it is rare. By contrast, online mediation makes it easier for people to hang up if things aren't going their way. Related to this is the obverse of online mediation's flexibility – it's far easier to cancel or reschedule a virtual meeting than a physical one.

If participants have been staring at their laptops all day, their concentration may waver – and it can be difficult for a mediator to make sure people are engaged when online. Similarly, it can be hard to deal with people talking over or interrupting one another.

Finally, there are security concerns. Mediation should always be confidential – but if there's a chance that someone is recording their screen, participants could feel on edge. This is something that the mediator should address at the outset.

What is the future of online mediation in the UK?

The government has proposed that anyone involved in a low-cost dispute (up to £10,000) should be automatically referred to a free mediation session. This would include all small claims disputes, including personal injury claims. At the time of writing, the government is consulting on whether any case types should be excluded from this scheme.

These proposals show the government's desire to have as many disputes as possible resolved through mediation – and in doing so reduce the burden on the courts. As mediation continues to expand, it's highly likely that its online version will too.

Are you looking for commercial or family mediation? Please don't hesitate to get in touch for a free, no-obligation consultation with one of our team of experienced, no-nonsense lawyers.