The COVID-19 pandemic and shelter-in-place orders under which most of us have been living have changed many aspects of our lives. Although not the most significant change in the larger scheme of things, mediations will likely never be the same. The changes go beyond merely substituting video mediations for face-to-face sessions. Acceptance of videoconferencing in mediations enables three material changes to the mediation process: (1) mediations can become more front loaded; (2) the face-to-face mediation session should diminish in importance to the mediation process; and (3) mediators can add more value to the process. Before taking up these changes, let’s look at how mediations now generally work.

Most mediations follow a well-established pattern. Historically, they have centered on a face-to-face or all-hands mediation session. After submission of mediation statements, representatives of all sides show up at the mediation venue expecting (or, at least hoping) that the other side will finally see the light. When that light fails to dawn, because the parties are in such different orbits, the process breaks down. It’s important, therefore, to get the parties thinking about how to settle the case at the outset.

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