Online Mediation in an Upside–down World
I had some apprehension that by touting online mediation now, I might be seen as taking advantage of this terrible pandemic, but the truth is this: mediation is an integral and important part of our legal system and mediating online is a fortuitous workaround to allow mediation to continue safely. It is also a time when those most skeptical of online mediation may give it a try rather than have their clients’ cases languish.
Online Mediation was first developed to make the justice system available to people who, for a multitude of reasons, could not readily access it. Now, however, online technology can allow our evolved mediation system to continue to function safely. And, who knows, when all this is over, online mediation may well be seen as just another option when it comes time to mediate.
ADVANTAGES
· SAFE
· No travel time or expense
· The technology emulates an in-person mediation
· Well suited if parties, lawyers or decision makers are geographically remote
Online Mediation can make the logistics of mediation simpler. If getting together is made easier in the first place, there will be more time to actually mediate and fewer obstacles to scheduling a second session, if needed. Time pressure and the reluctance to get together again because of cost (both time and money) are often the cause of impasses.
Online Mediation can lower the cost of mediation. Those costs may include travel time, transportation and accommodation costs, parking, etc. for both the lawyers, their clients and other decision makers.
Rich Smukler is a past Special Assistant Attorney General and Trial Lawyer from Pennsylvania with a deep appreciation of trial practice. As a Florida Certified Circuit and Family Mediator, Qualified Arbitrator, Finra Certified Mediator and Arbitrator, and Circuit and County Assistant Mediator Trainer, he has a broad understanding and profound respect for the process of Alternate Dispute Resolution.