Maximizing Technology to Establish Trust in an Online, Nonvisual Mediation Setting
Maximizing Technology to Establish Trust in an Online, Nonvisual Mediation Setting
As mediators increasingly rely on technology for all or part of their mediations, they must be cognizant of the best ways to effectively communicate especially when attempting to engender and maintain trust among all participants. The majority of our communication relies on contextual cues such as eye contact, proximity, personal space, and demeanor. Yet these same cues are lacking in a nonvisual, nonverbal environment such as email, chat rooms, and instant messaging. The written word, therefore, becomes the focal point of online communication.We all know that an important part of a mediator’s job is to engender trust in both herself and in the process so that participants will feel at ease and share open, candid dialogue during a mediation. Trust is a multidimensional concept and definitions vary depending on different social sciences such as sociology, psychology, political science, history, economics, anthropology, and sociobiology. Although few agree on what the various dimensions of trust are and how the dimensions interrelate, let me simplify a definition for our discussion purposes. Trust is a subjective concept because it is based on perceptions. The trustor must infer feelings of trust. In doing so, the trustor must take a risk to rely on personal expectations that someone else will fulfill a promise or duty, exposing him to vulnerability and some reliance on faith. The trustor, therefore, lacks control over another’s actions.
Relying on background research regarding trust taken from fields other than mediation, I have developed Six Building Blocks of Trust to help a virtual mediator establish professionalism, credibility, reputation, integrity, competence, and other positive characteristics inherent in trustworthiness. As I developed these building blocks for the virtual mediator, I realized that most of them apply to mediators in a F2F setting as well. So here is a summary of my Building Blocks. What do you think? Let’s start a dialogue this week.
1. Establish Online Reputation and Credibility
Building Block 1 provides helpful information for mediator marketing purposes in terms of website design and capitalization of online referrals designed to help a mediator be resourceful with a community.
Building Block 2 is helpful for mediators to recognize the necessity of connecting psychologically to mediation participants and recommends creating a social presence in website design as well as applying social presence norms to online communication.
The purpose of Building Block 3 is to demonstrate how a virtual mediator can gain and maintain credibility, and therefore trust, by using skillful text and skillfully managing the text of mediation participants.
Building Block 4 is a corollary to Building Block 3 because it suggests methods that a virtual mediator can use to send and manage written messages, but adds a level of optimism through the generation of positive messages and perceptions.
The purpose of Building Block 5 is to highlight the fact that mediator competence in a face-to-face setting is not necessarily the same thing as an online experience. There are additional considerations that the virtual mediator must consider.
Building Block 6 is necessary to demonstrate the critical role of technology to engender trust in the virtual mediator and in the online mediation process.
Moderated by:
Susan Nauss Exon is a Professor of Law at the University of La Verne College of Law in Ontario, CA, U.S.A. She is co-chair of the ABA Section of Dispute Resolution Ethics Committee and a member of the Section's Ethical Guidance Committee. She has been mediating civil disputes since 1998.
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Replies to This Discussion
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Permalink Reply by Susan Nauss Exon on
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I worked up an IRB application to test trustworthiness using telepresence but my funding fell through. I need to pursue other avenues. I have participated in meetings using the Cisco Telepresence 3000 unit and it was interesting. You might check with your local Cisco rep or check into Polycom.
Stanley A. Leasure said:
Susan have you had any experience with telepresence technology? Is there somewhere to go to test it? I am interested. Stan
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Thanks for sharing, Stanley. The student comments are interesting because so many of them relate to factors that influence the ability to engender trust.
Stanley A. Leasure said:
Jeff:
We use Adobe Connect for those we want to record and upload to Blackboard for peer critique. We use Skype for the rest. A number of students were nonplussed with the quality of Skype. Stan
Susan:
I went back and looked at the discussion board from a couple of weeks ago. A few examples:
"face-to-face fosters stronger relationships (referencing as examples student relationships in online course vs. seated course)
"better social interaction"
"loss of non-verbal communication"
"smiley faces are not the equivalent of voice inflection and body language"
"face-to-face communications are needed to build lasting business relationships."
"Face-to-face communications help overcome cultural differences, when present"
"loss of verbal cues"
"loss of ability to see reaction to information you present"
One student referenced the movie "Up in the Air" in which George Clooney's under-study advocated the use of video conferencing to fire people
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Permalink Reply by Noam Ebner on
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Nick, Susan -
One related point, which ties into Block #6, is that if using any platform less familiar than email, the mediator would do well to introduce participants to the platform, give them a tour, demonstrate a bit of their own competency with the platform along the way and offer to answer any questions they have. This will not only provide for better party participation throughout the process, it also goes long way towards building trust in the mediator. Anne Marie Hartwig was the first to tap this relationship between demonstrated competency and trust in this paper:
A. M. G. Hammond, How do you write “yes”? A study on the effectiveness of online dispute resolution, Conflict Resolution Quarterly 20, 3, 2003
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Nick Buda said:Professor Exon,
Thank you. I overlooked the importance of the platform itself; it definitely has to be easy to use and reliable in order for the parties to maximize their potential in the mediation.
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I suggest checking out the paper which first identified the schmooze factor - although it took the approach of recommending adding in brief schmooze through richer communication media (phone calls) in order to support the lean media of emails. Check out the paper by Morris, Nadler, Kurtzburg and Thompson at http://psycnet.apa.org/index.cfm?fa=buy.optionToBuy&id=2002-108... if you have access to this database.
Another paper by Janice Nadler along the same lines can be accessed at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=428523
Personally, I'm much more interested in figuring out how to bring the ability to build rapport, and other routes to trust-building, solely online. I think that as we grow better in online communication, we can grow increasingly more successful at this, provided we act thoughtfully and intentionally.
Susan Nauss Exon said:Think about what we say in a F2F setting. It is easily translated to online words. Without contextual cues such as eye contact, tone of voice, proximity, personal demeanor, etc., we must focus on the written word. Indeed, the written word is paramount to online communication. Choosing words carefully is the key and in an email exchange we have time to carefully write, edit and add the schooze factor.
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Permalink Reply by Stanley A. Leasure on
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Susan: I agree with your assessment about the relationship between the comments and trust factors (now that I better understand trust factors based on your work). But, aren't you surprised this demographic has such strong feelings? But, maybe thing have not changed as much as I thought. Stan
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Noam,
The idea of educating the parties about the platform is essential and I built that factor into Building Block #5: Sustain Mediator Competence. In that Building Block I discuss the need for the mediator's technological skill because the mediator must feel at ease with the platform being used and also should educate the participants how to use it as well.
Also, thanks for all of your helpful cites to other papers.
Noam Ebner said:Nick, Susan -
One related point, which ties into Block #6, is that if using any platform less familiar than email, the mediator would do well to introduce participants to the platform, give them a tour, demonstrate a bit of their own competency with the platform along the way and offer to answer any questions they have. This will not only provide for better party participation throughout the process, it also goes long way towards building trust in the mediator. Anne Marie Hartwig was the first to tap this relationship between demonstrated competency and trust in this paper:
A. M. G. Hammond, How do you write “yes”? A study on the effectiveness of online dispute resolution, Conflict Resolution Quarterly 20, 3, 2003
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Nick Buda said:Professor Exon,
Thank you. I overlooked the importance of the platform itself; it definitely has to be easy to use and reliable in order for the parties to maximize their potential in the mediation.
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Stan, perhaps the younger generation has such strong feelings because they are so accustomed to using technology. Something to think about and perhaps study. Susan
Stanley A. Leasure said:
Susan: I agree with your assessment about the relationship between the comments and trust factors (now that I better understand trust factors based on your work). But, aren't you surprised this demographic has such strong feelings? But, maybe thing have not changed as much as I thought. Stan
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Permalink Reply by Jeff Aresty on
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After listening to the presentation on happiness and social media last night, and then reading your building blocks for trust building this morning, my first thoughts are that online mediators are at a disadvantage in today's society because the justice systems we have are based on process and judgment instead of preserving relationships. In other words, to the extent that online mediators position ourseslves as alternatives to the justice systems we have, it's almost too late to get involved in the resolution process. Society (in the US anyways) has taught us to get our day in court (a trust busting place if ever there was one) instead of figuring out how to preserve relationships. So I think that it is necessary for private justice systems to be developed which are based on trust building cultures and where online mediators can help people avoid conflict.
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Professor Exon,
When I first read your original building blocks post without reading any comments the first thing I thought of was how people who use the internet constantly would be more likely to trust an online mediation and or mediator. I feel like a big issue would be building trust with those who are unfamiliar with computers. It seems to me as technology education continues and more and more people use technology that the trust issue will not be as significant. I remember even in junior high school learning about how to tell the difference between a trustworthy website and a questionable one. I also think that many younger people would prefer ODR as they are familiar with chat rooms, social media, and the Internet in general. Building block 6 is especially important. People who are familiar with computers will trust the process and the mediator if you have a secure and trustworthy website for ODR. I think the trick is to get people who are unfamiliar and hesitant about technology to trust the process and an online mediator. However, I think as technology education and usage continues to grow this concern will evaporate over time. I enjoyed your thoughts and reading the other comments. Thanks
Steve Canfield
Law Student
University of Nebraska Lincoln
Susan Nauss Exon said:You bring to the surface another issue. Does the age of the participants make a difference in how or whether they can develop trust from online, nonvisual communication. With all of the social networking these days I would think that younger people, especially high school kids, would actually develop online trust faster than some of us old folks who did not grow up with computers and technology.
What I have read about in online education is that constant and predictable communication fosters greater trust in online education groups and results in better group projects. Thus, I have built into Building Block #3 the idea of predictable and prompt responses. In other words, taking the education research and applying it to mediation, the mediator should keep the participants engaged and not let long periods of down time lapse between communications. Additionally, if the mediator can help keep participants focused, higher levels of trust may occur in contrast to situations in which the participants are not focused.
A. Kramer said:I appreciated Kevin's comment, and I completely agree with his comparison. Working in higher ed (on the admission side of things) put this online trust-building front and center for me each spring. We'd host online chats, moderate message boards and check College Confidential every so often (for a good laugh). But, at least in the context of high school students, I don't have much faith in the creation of "quick trust." The beauty and problem with the internet is the access to vast amounts of information. I may try to dispell a rumor about the application process via an online chat, but that doesn't go very far when the kid on the other side can so quickly find other sources to support her (incorrect) belief. I never felt like I made a connection with a student via email/chat/message board, probably because I was wondering if I the person on the other end was actually a supremely awkward kid who sat in a closet all day, playing video games. But bringing this back to the realm of ODR, this forum also makes me wonder how a mediator can trust that the other parties are genuine in their statements. What do the studies on success rates of non-visual, online mediation vs. in-person mediations tell us?
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Great building blocks! I think they can apply to many different situations! I think that #1 and #2 are particularly important for building trust. Supposedly, anthropomorphic traits in technology tend to increase trust. (Read an article somewhere, no link - sorry!) For example, the "Welcome, You've Got Mail!" helped make AOL more user-friendly and the simplicity of Tumblr has gained the trust of many. Similarly, mediators should make sure the technologies that they use are user-friendly - it will not only help trust the platform, but also the mediator. On his/her own, the mediator has much more of an ability to do so because s/he is real. The mediator can reach out via general community outreach, have a social page link or do anything else they want to connect (if it's ethical, of course). By making sure that the details of the platform, website or other tools used promote trust, the mediator will gain trust too.
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Professor Exon,
I found your 6 Building Blocks of trust to be very interesting and insightful. As technology continues to progress, it is imperative that more and more mediations are conducted via email, chat rooms or other internet or viral mediums. As such, establishing credibility online is extremely important. I believe all steps of the building blocks are important, but especially number 1 “Establishing an Online Reputation and Credibility.” Although there are many people who are comfortable communicating online, there are still many people who fear possible internet scams. Establishing credibility first, creates a safe and comfortable environment for all parties involved.Thank you for the discussion.
Lauren Walag
Student, UNL School of Law
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Thanks Susan, and sorry for mixing my Blocks up. What a helpful model! I'm looking forward to hearing / reading more about it. Am I correct that you are in-process of writing this up?
Susan Nauss Exon said:Noam,
The idea of educating the parties about the platform is essential and I built that factor into Building Block #5: Sustain Mediator Competence. In that Building Block I discuss the need for the mediator's technological skill because the mediator must feel at ease with the platform being used and also should educate the participants how to use it as well.
Also, thanks for all of your helpful cites to other papers.
Noam Ebner said:Nick, Susan -
One related point, which ties into Block #6, is that if using any platform less familiar than email, the mediator would do well to introduce participants to the platform, give them a tour, demonstrate a bit of their own competency with the platform along the way and offer to answer any questions they have. This will not only provide for better party participation throughout the process, it also goes long way towards building trust in the mediator. Anne Marie Hartwig was the first to tap this relationship between demonstrated competency and trust in this paper:
A. M. G. Hammond, How do you write “yes”? A study on the effectiveness of online dispute resolution, Conflict Resolution Quarterly 20, 3, 2003
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Nick Buda said:Professor Exon,
Thank you. I overlooked the importance of the platform itself; it definitely has to be easy to use and reliable in order for the parties to maximize their potential in the mediation.
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