On March 20, 2020, Gov. Andrew Cuomo signed the "New York State on PAUSE" Executive Order. Included in the Governor's 10-point "PAUSE" plan was the closure of all non-essential businesses, the cancellation or prohibition of non-essential gatherings, and the requirement that individuals practice social distancing of at least six feet from others. In explaining his actions, the Governor explained that, "We know the most effective way to reduce the spread of this virus is through social distancing and density reduction measures."

Since the need for a global pause and social distancing emerged in 2020, many mediation practitioners and users have quickly adapted to the remote (or virtual) mediation process with relative ease and often with remarkably positive results.

However, challenges in managing disputes via videoconferencing platforms have also frequently emerged, both in terms of adapting to the technology and logistical issues as well as concerns regarding the effectiveness of online mediation. Those challenges have increased the frustration for parties and counsel in the context of a process that can, at times, be frustrating and challenging even in its most traditional in-person format.