Many lawyers I work with have expressed concern that video conferencing will not be as effective as mediating in person. I shared that concern, insisting that this was a process predicated on face-to-face contact. Now circumstances have forced my hand, and I have been mediating remotely.

I am happy to report that the process has been tremendously successful. It is not quite as good as mediating in person, but it is close. And it is much better than the alternative. Several lawyers in recent cases have declared this will be the way of the future, even after we beat the virus. I won’t go that far; I enjoy mediating in person and look forward to resuming that practice. But in these current times, I believe using technology to continue our work is a no brainer. If ever we needed to commit to dispute resolution and taking some of the stress off ourselves and our clients, now is that time. 

Here is how it works:

The virtual mediation works like a regular mediation.  We send you a link. You click and follow intuitive prompts to register for the online meeting.

Shortly before the mediation begins, you will be placed in a virtual waiting room. Once connected, there is nothing more to do except talk to me and to each other as we do in a typical mediation. No matter where you are physically, you and your client can be in the same “room” all day, speaking privately at will.

At 10 a.m. I bring everyone on screen so we see who is present, and I explain the process. This is the equivalent of a “meet and greet” joint session.

The technology allows me to set up virtual rooms just like we would in a conference center. With your guidance, I then put each of you in your respective room. In a typical single party case, that might mean two rooms — one for the plaintiff’s team and one for the defense team. In a multi-party case, we set up as many rooms as needed. You decide who goes in your room (i.e, your client, co-counsel, etc.). You see and hear everyone in your room on the computer screen. No one else can hear or see you in the room unless invited in. I move in and out of the various rooms, and you can visit each other in their respective rooms, although I control that. For example, you can ask to meet with co-counsel or opposing counsel with or without me. Virtually anything you can do in real life we can do through this app, except shake hands.

I’ve been stunned by how well this works. It seems better than delaying cases for six months or longer. Given the court closures and other pressures, the demand for quick and cost-effective dispute resolution will increase, not decrease. Lawyers will keep litigating through this crisis, and we in the mediation community are committed to doing our part to help parties resolve litigation. 

I suggest giving it a shot.  I bet you’ll be pleasantly surprised.

— Steve

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