HCBA Lawyer Magazine Vol. 30, No. 3 | Page 70

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