To say that COVID-19 has changed the way we mediators do things would be a gross understatement. We now operate in a legal world where courthouses are closed to the public, trial lists have been put on hold, cases have been postponed indefinitely and social distancing has made mediations impossible. Or has it? This week, I conducted my first videoconference mediation in which each of the participants – attorneys, litigants, claims adjuster – were in different locations. The matter had been scheduled for mediation many weeks ago, before Coronavirus was a household word. The participants (including the mediator) had several things in common: they all wanted the mediation to proceed; they all had Apple devices; and they were all technologically challenged. So, we proceeded. It wasn’t always pretty, but it was remarkably efficient. And we got the job done! Since then, the thought has occurred to me that videoconferencing will likely be a permanent feature in the future of mediation, with or without pandemics. It has many things going for it. It’s convenient and eliminates the need for travel. It’s cost-effective and doesn’t entail expensive overhead (e.g. office space with multiple conference rooms). Participants can be in familiar, comfortable and, for those with disabilities, accessible locations. Privacy and confidentiality are likely to be tricky issues but I’m sure that those with more technological savvy than I will figure it out. In a word, videoconference mediations are here to stay.
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