Abstract
The article examines the rise of online mediation, particularly accelerated by the COVID-19 pandemic, and critiques its limitations compared to in-person mediation. Drawing on 20th-century philosophical, psychological, and sociological thought, the analysis argues that online mediation diminishes the embodied, emotional, and intersubjective dimensions of human interaction, which are critical for empathy, moral agency, and meaningful dispute resolution. While online mediation offers convenience, it risks dehumanizing the process by reducing participants to disembodied images, thereby undermining the unique strengths of mediation as a holistic and empathetic alternative to legal adjudication.
Repository Citation
Robert McNiff,
Being There: Perils of Disembodied Mediation
, 25 Pepp. Disp. Resol. L.J. 170
(2025),
Available at: https://digitalcommons.law.uga.edu/fac_artchop/1760
Included in
Dispute Resolution and Arbitration Commons, Legal Ethics and Professional Responsibility Commons
Previously posted to HeinOnline.