Video Mediations and the New Normal

Well, it’s here. The new normal. Extraordinary events bend the curve for everything and we end up with new practices going forward. Video mediations may already be the new normal in areas where in person mediations were always the standard. What I am seeing in my practice and hearing from colleagues and friends is video mediations are working very well. Settlements are happening. Cases are moving in mediation, even if not in court. The availability of video mediations creates some interesting possibilities for all of you who participate in mediations. Here are just a few implications to consider:

1. Geography doesn’t matter at all. Other than time zone challenges, anybody can be anywhere.

2. The mediator can be anywhere. Find the mediator with the background, skill set, experience or disposition you think suits the case, the lawyers and the parties. The mediator won’t need to get on a plane and neither will you.

3. Scheduling should be easier since nobody will need to leave a day before or after for travel.

4. Incorporate video into the pre-mediation process to get everybody comfortable with the technology and to establish your video rapport as a group. Pre-session group calls can be on camera. Separate pre-session calls with the mediator can be on camera.

5. Include decision-makers, not just lawyers, in the pre-mediation process to help shape the session in a way that gets the decision-makers the kind of process they need.

There are many other things to think about. I recommend engaging with several experienced mediators and ask a lot of questions. Your firm, your company, your clients all will benefit the quicker you adapt to the new normal.