Necessity the mother of invention? : International commercial mediators’ views on online mediation

Clark, Bryan and Sourdin, Tania (2024) Necessity the mother of invention? : International commercial mediators’ views on online mediation. Mediation Theory and Practice, 8 (2). pp. 53-70. ISSN 2055-3501

Abstract

International commercial mediation has increased in popularity over the past few years for a range of reasons. In common with domestic mediation practice across a range of dispute areas, amidst lockdowns arising from COVID 19, international commercial mediation shifted from an in-person environment to an online video conferencing process. Debates around the merits of online mediation have continue for decades. While the practice has been lauded for its efficiencies, environmental benefits and flexibility, critics have suggested that online mediation cannot replicate the nuances of in-person engagement, may be subject to technological and access issues and raise concerns around confidentiality and security. The literature suggests that online mediation has remained popular in post-lockdown environments and that mediators often hold positive views. Against this backdrop, this article reflects on recent interview-based research conducted with international commercial mediators on their experiences of online mediation and considers how online mediation may develop in the international commercial dispute field