Virtual mediation in a time of social distancing

In a time of social distancing, it’s critical to support our clients and their families. That’s why we are using various digital solutions to continue to resolve ongoing disputes.

Mediation is an important tool to accomplish out of court settlements. It is common across our areas of practice: personal injury claims, insurance denials, estate litigation and commercial disputes, for example.

During the pandemic, we have swiftly moved from in-person to virtual dispute resolution.

Virtual mediation is not necessarily new, but it has not been widely used, since most mediations could previously be conducted in-person.

Platforms such as Zoom allow group meetings, as well as private virtual rooms for lawyer and client meetings away from other parties. These processes allow for real-time discussions such as in-person mediation.

Documents can be shared, if necessary, although typically all documents have been shared prior to mediation. The virtual platforms allow mediators and counsel to still use direct communication and negotiation, like in-person mediation.

Right now, more screen time is OK

Virtual face-to-face mediation preserves the personal element which can be very important in mediation, as opposed to negotiation by email or telephone only.

Despite the ongoing global crisis, we continue to protect and preserve our clients’ rights and seek opportunities to resolve claims outside the formal trial process where it is beneficial to our clients.