Michael Lodge, NCPM, CRTP
If you have a conflict or dispute, and need a mediator, call my office at: 305.824.2963
by Marian Grande - February 2022 Given the pandemic, virtual mediations seem to be more popular these days. Likely, online mediations are here to stay.
Also, courts are now severely backlogged.
This means that the conflicts that parties to a dispute are facing have taken an immense economic and personal toll on them, with the likelihood of a speedy resolution through the courts being next to impossible.
Online mediations require new procedures to enhance the parties’ experience and preserve the integrity of the mediation strategy.
Advantages of Mediation - Mediation is an efficient and cost-effective alternative dispute resolution process focused on the parties’ interests and requirements.
Mediation has always been a great option to litigation, which is adversarial.
Entering mediation in good faith and being cooperative in the process is essential in mediation, and it produces better results that both parties can be happy with.
Clients are empowered to make their own decisions.
The Advantages of Online Mediation - There are several undisputed benefits of virtual mediation.
Growing these benefits can only lead to more disputes being resolved out of court and, ultimately, more satisfied parties.
Convenience - The convenience of virtual mediation allows the parties to take part from the comfort of their home.
Caucus - If a party requests a caucus during a traditional mediation, they will have to move to another location, with the mediator to hold a private conversation. The other party is often left wondering what was discussed without them present, and this may obviously cause poor feelings between the parties.
With online mediation, parties can request caucuses without the other party’s knowledge, which diminishes the chances of ill feelings.
Dominant Personalities - When mediators can convey more through email instead of a person-to-person mediation, the more dominant party cannot commandeer the mediation for their own self-serving purposes.
Furthermore, the more silent party will not feel compelled to confess matters unnecessarily, and they won’t feel forced to comply when they don’t agree just to end the mediation quickly.
Focusing on what is important - Online mediations allow the parties to focus on the disputes at hand. It is easy to be distracted when you are holding in-person negotiations.
Distance - If the parties live in separate cities or even provinces, location stops being an issue in deciding where to hold mediation. In addition, you do not have to concern yourself with choosing a mediator near you.
Confrontation - The chances of a confrontation between you and your spouse are significantly reduced in online mediation, making it easier to make decisions.
Emotional - Being in the same room as the other party, as in traditional mediation, can be emotionally challenging and increase anxiety.
The physical space provided through online mediation diminishes the emotional stress involved.