Tips for Successful Remote Mediation

June 23, 2020 Katherine Mazur Estate & Trust, Estate Litigation, General Interest, Litigation, Mediators Tags: , , 0 Comments

The COVID-19 pandemic has changed the way the legal profession works at least on a temporary basis. In Ontario, lawyers are required to embrace technology to facilitate dispute resolution and to move files along. Mediations, discoveries, and Court hearings are being conducted virtually via videoconference. Today I will consider some of the benefits of remote mediation and then tips on how to master it.

Benefits: 

  • Cost – cost will inevitably be lower as it will be organized on an online platform. 
  • Convenience – The mediation can be arranged on short notice, as all parties can participate from their location of choice. Travel and the associated costs are no longer an issue. Participation of parties that might not have otherwise be available to participate in mediation may now be accessible. 

Tips for Successful Remote Mediation:

  • Ensure your client is set up with the proper technology: a computer equipped with webcam, microphone, and speakers. Lawyers cannot assume that every client has access to a computer and quick internet connection. 
  • Consider using a 3rd party provider such as Neesons Court Reporting & Mediation, to host the mediation. This provider can facilitate the movement of parties in and out of plenary and breakout rooms, summon the mediator, arrange a counsel-to-counsel meeting, and assist with technical issues. This will ultimately save the parties time and expense. 
  • Ensure your clients are aware of privacy and confidentiality within meeting rooms. Client comfort is essential for a successful mediation. 
  • A lack of personal interaction means that your client may not be able to warm up to a mediator, which often times is necessary for a successful mediation. An effective mediator will structure a meditation in a way to facilitate adequate confidential one-on-one communication with the parties to assist with resolving the limitations of working with a
    mediator through a video link rather than in person. 
  • Take lots of breaks as attending virtual mediation is more tiring than in person. 

Thanks for reading!

Katherine Mazur

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