VIRTUAL MEDIATION : Convenience and Cost Savings Created Through New Approach
By Kylie Blanchard , Clearwater Communications
When the COVID-19 pandemic hit North Dakota in March 2020 , among the many law-related activities suspended by the state courts , as well as law offices , for the safety of those involved in the judicial system was in-person mediation . While “ waiting it out ” may have been an initial plan as the pandemic began to unveil its impacts across the state , lawyers and mediators soon found themselves participating in the mediation process on a virtual platform .
Now , a year later , virtual mediation is becoming a new normal , with unexpected conveniences and cost savings , as well as the
possibility of becoming
Karen Klein a regular practice in
the future . “ At first , I think we all assumed we would just wait and reschedule our appointments ,” says Karen Klein of Klein Mediation based in Fargo . “ I don ’ t think we had any idea this all would have gone on this long .”
A Learning Curve
When it was realized a new platform would be needed to continue mediation services , Klein says the switch to virtual sessions came with a learning curve . “ I took a Zoom training seminar , so that did help , but my first Zoom mediation was very difficult ,” she noted . “ But by the next appointment , I had it figured out .”
Betsy Elsberry , partner with Elsberry & Shively in Bismarck , agrees there was a learning curve with moving to a virtual mediation format . She conducts
Betsy Elsberry mediation both through
her private practice as well as through court appointments . “ When the State Court Administrator ’ s Office directed all mediation be conducted electronically , I offered mediation via Zoom and telephone ,” she notes . “ Mediation via phone presented additional difficulties , as it was hard to read body language and predict when people were going to stop talking . There were a lot more interruptions .”
She said her firm offered phone mediation for about two months and then switched to mediation sessions solely through a virtual platform . “ It is much easier to steer the course of the conversation when you can see the individuals ,” Elsberry notes .
Klein says the mediation session itself didn ’ t change drastically when moved to a virtual format , but it did create some new logistical issues , including getting email addresses of all the participants as well as scanning and circulating relevant documents prior to a scheduled session .
Another hurdle that needed to be addressed on a virtual platform was privacy and security concerns . “ At first , some participants were concerned about the privacy and security of the virtual platform , but I believe those fears dissipated once they experienced a video session ,” says Klein . “ Zoom ’ s professional version holds participants in a waiting room until I , as the host , admit them , and Zoom allows for the creation of breakout rooms where attorneys can meet privately with clients . These features seem to have allayed any fears participants expressed initially .”
Elsberry says she also learned to address the confidentiality of each session with her mediation participants . “ Mediation in itself is a confidential process , but that confidentiality is compromised when third parties are present . I had to learn to make sure no one else is in the room with clients during our Zoom mediation sessions .”
8 THE GAVEL