Online Dispute Resolution - When, Why?
Coronavirus
Coronavirus has been the reason why everyone wants to do online mediation since 2020. As the immediate threat of Coronavirus lessens and we become less socially distanced, the viral threat will still not completely vanish. Video conferenced mediation is likely here to stay. Perhaps in person meetings will resume for some cases. However, the practical reasons to continue meeting online will remain long after Coronavirus is gone.
Avoiding the expense of travel is a good reason to stick to video mediation, and to even think about using mediation a little differently. For example, a sequence of multiple but shorter duration mediations might help in some cases. With video, there is no travel cost deterrent to mediating multiple times. Because of the cost of assembling lawyers and clients in one place, the pre-2020 profession had fallen into a "mediation day" mindset: there was a one-time only mediation, and everyone went to trial if that failed. Going online eliminates the travel cost deterrent to convening multiple mediation sessions.
Before Coronavirus, long distance travel, protection orders, and personal safety considerations where the main reasons why going online for mediation was attractive. These are still good reasons not to go back to the old style in-person mediations.
Coronavirus has been the reason why everyone wants to do online mediation since 2020. As the immediate threat of Coronavirus lessens and we become less socially distanced, the viral threat will still not completely vanish. Video conferenced mediation is likely here to stay. Perhaps in person meetings will resume for some cases. However, the practical reasons to continue meeting online will remain long after Coronavirus is gone.
Avoiding the expense of travel is a good reason to stick to video mediation, and to even think about using mediation a little differently. For example, a sequence of multiple but shorter duration mediations might help in some cases. With video, there is no travel cost deterrent to mediating multiple times. Because of the cost of assembling lawyers and clients in one place, the pre-2020 profession had fallen into a "mediation day" mindset: there was a one-time only mediation, and everyone went to trial if that failed. Going online eliminates the travel cost deterrent to convening multiple mediation sessions.
Before Coronavirus, long distance travel, protection orders, and personal safety considerations where the main reasons why going online for mediation was attractive. These are still good reasons not to go back to the old style in-person mediations.