BEST PRACTICES FOR VIRTUAL MEDIATIONS + MAKING THE MOST OF MEDIATION

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:

1. Try to control the emotions as much as possible but recognize that clients will often need to "vent". Let the mediator know that in advance if possible so that it can happen in a "safe" environment, in a private breakout room, so that the other party does not see the venting.
2. Be on time to sign in to the mediation session and make sure your clients know how to sign in!
3. Have your name on the box so that it is clear who is who.
4. Help clients know what to expect.
5. Consider what documents you may want to share during the course of the mediation session and have them easily accessible.
6. Consider what sort of Confidentiality Agreement you want, or not.
7. Consider what type of document you will use to finalize the settlement and when and how to share with all counsel - exchange settlement agreements later? confirm via email? sign during the mediation session with electronic signatures?
8. And, as with anything else, be prepared so that you can make the most of mediation for your clients.

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

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