Online mediation: benefits and challenges

Online mediation has become increasingly popular in recent years – especially after the covid-pandemic pushed many legal services into the digital space. For expats, entrepreneurs and legal professionals in the Netherlands, this shift offers new opportunities to resolve disputes in a flexible, cost-effective way. But online mediation also comes with its own challenges.

In this article, we explore the pros and cons of online mediation – and why a hybrid model may be the future of dispute resolution.

What is online mediation?

Online mediation is a form of alternative dispute resolution that takes place via video calls or other secure digital platforms. Instead of meeting in person, parties and the mediator join remotely – which can be ideal when people are based in different cities or countries.

This format is now common in both private and business-related disputes. From family disagreements to international commercial conflicts, mediation is increasingly moving online.

Key benefits of online mediation

1. Easier access – wherever you are

One of the biggest advantages is accessibility. You don’t need to travel across the country – or across borders – to take part. Whether you’re an expat in Groningen or a business owner in Utrecht, online mediation lets you connect with the right professional, regardless of location.

This also means you can choose from a wider pool of mediators, including those who speak your native language or understand your specific legal culture.

2. Lower costs

Online mediation often reduces costs significantly. There are no travel or accommodation expenses, and there’s no need to rent a neutral venue. Many mediators offer online sessions at a lower rate due to fewer overheads. This can make mediation more accessible for small businesses or individuals with limited budgets.

3. Faster and more efficient

Digital mediation can be scheduled more quickly than traditional sessions, and documents can be shared securely in real time. This can speed up both preparation and the mediation itself – helping you resolve disputes more efficiently.

4. Flexibility and comfort

Mediating from your own space – whether your office or your home – can make the experience more comfortable. Online sessions are often shorter and easier to fit into a busy schedule. This flexibility can be particularly helpful in emotionally charged situations, such as family conflicts or workplace disputes.

5. Better digital record-keeping

Many platforms offer secure options for file sharing, document annotation, and even recording the session (with consent). This can be useful if you need to revisit what was agreed later.

Common challenges of online mediation

1. Technology isn’t always equal

Not everyone has access to a fast internet connection or the skills to use digital platforms comfortably. Technical issues – like frozen screens, poor audio, or login problems – can create delays and frustration. For some expats or older participants, the digital setting can also feel unfamiliar.

2. Harder to build trust

Mediation relies heavily on human connection. Reading body language, picking up subtle cues, or simply building trust can be more difficult on screen. Mediators must work harder to create a safe, respectful environment online – especially when there’s tension between the parties.

3. Confidentiality and security

Privacy is essential in mediation. In an online setting, it’s crucial to use secure platforms that protect sensitive data. Mediators should always explain how confidentiality is maintained – especially if documents are shared digitally or sessions are recorded.

4. Risk of disruptions

Technical problems can interrupt the flow of conversation and break concentration. That’s why it’s important to prepare in advance and have a back-up plan in case of glitches.

5. Managing power imbalances

If one party dominates the conversation or feels more comfortable with the technology, it can impact the fairness of the process. Mediators need to pay close attention to group dynamics and ensure all voices are heard equally – even when the signals are more subtle online.

Is the future hybrid?

While online mediation is here to stay, many professionals see value in a hybrid approach – combining online tools with in-person interaction. For example, initial meetings or information sharing might happen online, followed by a face-to-face session for the final negotiation. This offers the best of both worlds: efficiency and accessibility, combined with deeper connection when needed.

Conclusion

Online mediation is changing how people resolve legal conflicts – in the Netherlands and beyond. It offers many benefits, especially for expats and international businesses who need accessible, multilingual support. But it also requires thoughtful preparation and skilled facilitation.

Disclaimer: The information provided on this website is for general informational purposes only and is not legally binding. Although we strive for accuracy, the content may contain errors. If you notice any mistakes, please let us know by contacting us via the contact form located at the bottom of the page.

Picture : Created by Sora/ ChatGPT