Why Virtual Mediation is Here to Stay
Credit: @fredmarriage
In the beginning of the pandemic many businesses, functions, and processes had to somehow be converted to a virtual platform or way to be performed remotely. Many thought this was a temporary solution that would likely revert when restrictions were lifted, but we are now discovering that things have simply… changed. Mediation is no different, and its virtual operation seems popular enough to continue for a number of reasons.
The obvious arguments for going virtual are ones of efficiency, both in terms of time and resources spent getting the parties to and from the mediation session. It is easier to coordinate schedules with multiple parties when people don’t have to plan for travel, etc. While some attorneys have mixed feelings about losing some billable time going virtual, many can see how they are able to stay more on top of other matters with the time saved, and are ultimately able to take on more work. This all helps keep legal costs down, including for the mediator, who may no longer need to carry the cost of a full-time office. Cost and time savings all around are a huge benefit for everyone. The cost of legal troubles to begin with can be extremely high, let alone paying to assert or defend against a claim. Saving costs and focusing on efficiency is a mindset that will also serve the parties well in mediation.
In addition to the time and money benefits above, there are also benefits for the mediator logistically that not only make things easier for the mediator, but benefit the client experience. Web conferencing platforms provide several tools that can be the mediator’s best friends. My two favorites: breakout rooms and the mute button (LOL)! Seriously, sometimes people get a bit upset and begin engaging with the other party in a manner that will not be helpful to the negotiations or mediation process. In person, I cannot force the party to be quiet before the damage is done. However, with web conferencing, I can mute everyone and put them into breakout rooms very quickly in order to have private conversations to help get things back on track. This helps keep the conversation moving along in a much better way, leading to fantastic results!
More important than my feelings on the matter, the EEOC has recently decided to make its mediations virtual permanently, based on nearly 70% of participants reporting that they would prefer online to in-person mediation in the future. Those surveyed attributed the preference to flexibility, convenience, cost savings, and the creation of a “safe space.” This raises an important point that is often overlooked. The ugly truth about my job is that many people are coming to see me at a really difficult time. They may be in a transitional period, or going through a potentially very costly and taxing process. Along with those problems can come some dark issues, such as dynamics of abuse, intimidation, or very unequal power in personalities. In person, this can create a situation where one party is intimidated, potentially shut down, and the other may even be deeply gratified for the opportunity to make them feel this way. When one or more of these parties doesn’t want to be there, it can really hinder their ability to think clearly and come up with ideas for resolution. Having the barrier of protection from having to be in the same physical space seems to combat this problem heavily and is something that should be taken into consideration by the mediator.
Overall, virtual mediation doesn’t seem to lose effectiveness and may be preferred by the majority of people who try it. It also allows for numerous benefits in time, cost savings and flexibility. Having more flexibility in general can enhance almost anyone’s lifestyle. Everyone is already busy working and going through everyday struggles. We weren’t meant to be suing each other in court and perpetuating a constant state of conflict, at least not more than necessary. There will always be something—that’s life! But, you don’t have to make it harder on yourself gratuitously. More flexibility in everything you do means opportunities for more time with loved ones, or doing more of what motivates you. Virtual mediation can help you move past your issues, so you can get back to your life!