One of the many challenging aspects of mediating cross border cases is the fact that by definition, the parties tend to be in separate countries (and often the mediators too). One way of getting over this hurdle is by using one of the many information and communication technologies there are available these days. This month, I want to share my experience of using just one of these –Skype.
There are numerous different online mediation platforms in use these days, and even more in development. Different approaches are taken for different types of cases and a growing body of research is emerging around the effectiveness of using online platforms for mediation. In my family mediation practice, I mainly use an asynchronous text-based mediation platform, Juripax, which I have written about in the past, combined with phone or one-party Skype calls, or other web-conferencing platforms. I have also trialled a number of other systems. I have yet to really settle on one “ideal” platform but tend to pick and choose as the need arises. I was therefore interested when, some time ago, I became aware of a Pilot Project known as the Virtual Mediation Lab, set up and run by Giuseppe Leone, an Hawaii based mediator.
The aim of his project is to demonstrate the efficacy of, and promote, online mediation, and to offer mediators and others who are interested the opportunity to try their hand at, or indeed train in online mediation using Skype. The project has also moved into mobile mediation, that is, mediating by Skype on mobile devices such as iPhones and iPads recently. Last month, therefore, Giuseppe and I agreed to run a simulation of a child abduction mediation to be put up on his website to show how online mediation can work in such cases. These cases, which I have written about at length before, are ideal for online mediation due to the fact that parties are almost always located in different countries after the conflict erupts, and often have limited means to travel for the purposes of mediation. In addition to this, the tight time limits of legal proceedings that often arise out of a parental child abduction can make organising a face to face venue that the parties, their representatives and, ideally, two mediators can travel to quite challenging.
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