BEST PRACTICES FOR VIRTUAL MEDIATIONS + MAKING THE MOST OF MEDIATION
Jean M. Lawler, CIPP/US
Commercial + Insurance Mediator and Arbitrator @ LawlerADR | California Attorney | ROADS TO Resolution~Closure~Certainty Podcast and YouTube Host I Tenacious
This Week For Roads To Resolution - Certainty - Closure ......
BEST PRACTICES FOR VIRTUAL MEDIATIONS + MAKING THE MOST OF MEDIATION
Two years ago on March 11, 2020, I walked out of a mediation at the federal courthouse in Los Angeles and looked around somewhat empty streets, wondering what the future would hold for us on many levels. It was not until December 2021 that I again mediated one matter in person, instead stepping into the virtual world with the rest of the world - where my practice continues to reside today. As most mediators, lawyers and pundits will say, even once the days of Covid-19 are completely in our rear-view mirrors, online mediations are here to stay. As I have said to others, I equate online mediations to becoming as commonplace in our court systems as “court-call” telephonic appearances became when first introduced a number of years ago. Not as a complete substitute for in-person proceedings, of course, but certainly as a substitute for many, many proceedings that just two years ago would not have thought able to be held remotely.?
That said, in line with ABA and state Rules of Professional Conduct requiring lawyers to be technologically competent and to maintain confidences, lawyers need to familiarize themselves with best practices for using video-conference platforms, including for mediation.?
There have been many articles written about best practices for virtual mediations and I have several articles on my website discussing best practices - including a page devoted to discussing basic logistics for virtual mediations. That said, it is rare to run into a lawyer today who has not mediated online. Some thoughts from the trenches after mediating more than 200 matters online, if you will:
How Attorneys Can Make The Most of Mediation For Their Clients (watch the video below)
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Jean M. Lawler, CIPP/US
Commercial + Insurance Mediator and Arbitrator
Lawler ADR Services, LLC
(310) 683-4332 | [email protected] | www.lawleradr.com
Need to schedule, hold or check availability for a mediation date? Click here for my online calendar:?Schedule Your Mediation
Mediator and Consultant at Ravenscroft & Schmierer
2 年Good advice.
Mediator | Arbitrator | Author
2 年Great thoughts, Jean. It's always annoying when "Princess," "iPhone," or "3218874463" shows up in the waiting room or when the client cannot connect to audio.
Senior Partner/Trial Lawyer/Problem Solver/Coach
2 年This is great and spot on for virtual mediations. Especially the practice pointers about sharing documents and having the settlement agreement/release done in advance. And of course, there is no substirute for preparation.