Forbes Technology Council

Council Post: Migrating Away From Traditional Models Of Mediation

June 30, 2020

By Daniel B. Garrie

Mediation is often viewed by lawyers as a “this” or “that” on the spectrum from facilitative to evaluative. In reality, experienced neutrals view mediation as a process customized to the needs of the parties in a particular case. Hence, while many lawyers view the mediation process as involving either joint sessions or individual caucuses, experienced neutrals will consider a blended approach that varies from dispute to dispute.

During this time of Covid-19, it makes sense to further blend and customize the mediation process. The key is to shift away from the traditional assumption that a mediation should be a day-long event where all parties spend the day, waiting for the mediator to visit, share information and perhaps opine regarding the strengths and weaknesses of the positions of the parties until the back and forth on the numbers begins. Now more than ever, it is necessary to shift toward more customized approaches that accommodate the challenges and issues arising from the ongoing pandemic.

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