Law360
Confronting The Challenges Of Virtual Mediation
April 1, 2020
By Daniel B. Garrie
The ongoing coronavirus pandemic has affected the operations of all industries. While some have been completely halted, others have had to transition to virtual platforms. This includes resolving disputes.
Conducting mediation via videoconference poses significant challenges, including the difficulty of reading people when you are not with them in person. Add to that the technical difficulties that can arise, and mediation via video can be daunting.
Much of a mediator’s job involves things like reading body language, listening to what is not said, interpreting subtext, reading the room, and taking cues from a party’s eye contact or tone of voice. The way a mediator responds to these cues can be the difference between a successfully settled dispute and one that falls apart.
Below are six tips for both mediators and parties to consider when conducting mediation via videoconference to mitigate these challenges and limitations. I have found these tips to be vital when mediating and settling disputes using virtual tools and videoconferencing solutions.
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