The coronavirus pandemic restrictions have caused alternative dispute resolutions attempted in mediation to increase. Remote or digital mediation (telemediation) will likely continue long after the pandemic restrictions have been lifted. COVID-19 has wreaked havoc with judicial dockets and arbitration schedules. Both judicial and arbitral proceedings require, to some extent, face-to-face confrontations, but mediation proceedings do not. In-person mediation sessions may actually detract from the efficiency and success of the mediation efforts.

Other than a very brief session with the parties together at the outset, the mediation procedure involves the mediator meeting one-on-one with each party as he or she attempts to convey positions and assist in the realistic recognition of the strengths and weaknesses of a party’s claim or defense. It is actually more efficient for this procedure to occur via tele-conference as opposed to conference room “hopping.”

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