How Zoom Has Changed Mediation in a COVID-19 World
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“The Zoom boxes are a great equalizer. We have noticed that clients are taking a more active role in virtual mediations, perhaps due, at least in part, to the more equal way in which participants appear in the ‘room’.”
Q: The COVID-19 pandemic has forced mediations to move online to Zoom and other virtual platforms. How should general counsel adapt their strategies before the mediation occurs?
A: In a live mediation, much thought is given in advance to who should physically attend. Sometimes the final decisionmaker is unable to attend in person, requiring “one last call” to the insurance adjuster or client decisionmaker as a buffer to final settlement numbers, offers, counter-offers, etc.
In a virtual mediation, there is an unspoken expectation of immediate availability of all persons and instant access to information and the client. Therefore, it is more important than ever to have an understanding of final settlement authority before the mediation, as there is not as much opportunity for private back-and-forth discussions with decisionmakers during the mediation itself.
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