Faced with obstacles such as social distancing and stay-at-home
orders, normal litigation tasks, such as mediation, are either not
being considered, or pushed off indefinitely. However, for certain
cases, parties and their counsel should give consideration to
conducting a mediation “virtually” through the use of
technology.
Virtual mediations, while not commonplace, can resolve cases.
Below are some suggestions for those considering the use of virtual
mediation:
- Video can be nice, but a
phone is all you need: If possible, having at least
the beginning of a mediation take place by videoconference is
preferable. However, not all participants may have a web camera. If
organized in advance, a telephone-only mediation can still be
effective. Ideally, your mediator sets up a call-in conference
number and passcode that is sent out to all counsel and their
clients in advance of the mediation. The “joint
session” is moderated by the mediator, and will include
