Virtual Mediation/arbitration
Solo & Small Firm Section
Chairs: Matthew Crist - Crist Legal | PA and Gian-Franco Melendez - Law Office of Gian-Franco Melendez, LLC
County mediations will
surge in 2020 due to the
recent increase in relevant
jurisdictional limits from
W
hile many are
unaware of this
advanced style of
dispute resolution,
virtual mediation (v-mediation), aka
e-mediation or online mediation,
can be highly effective, providing
ease of communication and greater
flexibility to all parties. It should
not be assumed that v-mediation is
only useful for litigators; alternative
dispute resolution can be an
effective way to resolve business
disputes, contract issues, and many
other legal matters before a lawsuit
is filed. County mediations will
surge in 2020 due to the recent
increase in relevant jurisdictional
limits from $15,000 to $30,000.
For starters, location can be a
challenge; using technology can
make mediation or other methods
of dispute resolution more easily
accessible. One of the primary uses
of v-mediation is for the resolution
of online disputes, such as issues
between buyers and sellers on
platforms like eBay, Amazon and
the like. It is increasingly common
for parties like insurance adjusters
to be geographically diverse from
injured plaintiffs and others.
Corporate disputes are more
frequently occurring between
parties that are not located in the
same city, and many companies
want to stamp out potential
$15,000 to $30,000.
problems without having an issue
go viral. Further, some parties are
simply not comfortable meeting in
person — online mediation resolves
these challenges.
With current technology, high
quality, low-cost video conferencing
is abundantly available and is being
used more frequently amongst
lawyers and law firms. Many
mediators rely on their ability
to “read the room” and observe
non-verbal cues. V-mediation can
capture these same cues like body
language and facial expressions, as
well as individual speech patterns
and intonation. Face-to-face
meaningful conversations can still
happen, without the headaches,
stress, anxiety, and expenses of road/
air travel and opportunity costs.
Lawyers and mediators: it is
critical to understand that the overall
strategy in v-mediation/arbitration
remains the same as with
traditional; it is simply using
technology to achieve the same
goals. One of the first tasks any
mediator must achieve is building
rapport, which is even more
important when mediating
electronically. The mediator will
make additional considerations
to ensure everyone can access the
conference technology without
issue. Attendance at v-mediations
is far easier for all those who are
involved, allowing focus on the real
issues at hand. Reframing problems
and disputes remain a point of
focus, and parties should leave
feeling as if they have the resolution
on their own, which increases the
likelihood they will stand by their
commitment to any agreement.
Some attorneys may be
uncomfortable at first when
considering v-mediation instead of
conducting their business in person.
In certain circumstances, such as
when all parties reside in close
geographic proximity and are
comfortable appearing in person,
traditional mediation may still
be the top choice. Mediation is
becoming an effective tool at
resolving legal issues before
incurring the additional expenses of
filing a lawsuit. In today’s evolving
legal climate, parties in dispute are
increasingly more likely to be cost
and time conscious and willing
to try new
methodologies
to reach a
successful
resolution. n
Author:
Anthony J.
Garcia - Garcia
Mediation
Get Involved! sIGn up on Your MeMber profIle at hIllsbar.coM.
68
JAN - FEB 2020
|
HCBA LAWYER