Video conference mediations became a necessity during the
pandemic of 2020, and are still popular with many mediators and
lawyers. Zoom, WebEx, and other platforms have slick options that
include break-out rooms, document sharing, and private messaging.
Compared to convening in person at a law office, virtual mediations
can be more comfortable and convenient, and less expensive. They
are especially useful when the mediator, lawyers, and parties would
otherwise have to travel to attend. But the virtual platform makes
communication more challenging.
The absence of physical presence all but eliminates body
language, making it harder to accurately gauge many aspects of the
negotiations. Video mediations work best when the participants have
removed distractions, ensured a reliable internet connection,
selected a suitable computer configuration, and arranged a
back-channel for client and lawyer to communicate directly. An
iPhone at Starbucks is not the ticket to success.
