How Does Remote Mediation Work?
In the medical, social, and economic aftermath of the Covid-19 pandemic, individuals and organizations have a greater incentive than ever before to choose mediation over litigation to resolve their disputes. However, many people wonder how virtual mediation may work if it is not possible to meet the other party in person and when the mediator is not physically present to guide the process?
The good news is that the mediation process can be conducted virtually with all the parties participating in it and under the guidance of a capable remote mediation attorney. There is no reason for you to avoid or postpone your mediation proceedings in Massachusetts due to Covid-19, as long as you are working with a resourceful and committed remote mediation lawyer.
Is a Remote Mediation Valid under the Law?
Even before the Covid-19 crisis hit us, the US government has been encouraging online dispute resolution through mediation. There are no legal hurdles involved if you choose this option.
As long as the remote mediation process conforms to the best practices in conflict resolution and maintains the established ethical standards, the US courts and regulatory agencies are highly supportive of the idea of voluntary dispute resolution through virtual mediation.
You can make sure that your mediation process proceeds smoothly online and is conducted fairly when you work with a reputable Massachusetts remote mediation attorney.
Practical Considerations in Remote Mediation
Recent experience has shown that it is possible to move the entire traditional mediation process online using proven video and teleconferencing tools. Online meeting platforms allow for multiple rooms, which means that the meeting host can create a virtual private room for each party as well as a virtual joint room that will allow representatives of all parties to participate.
This ensures that each party can confer in private their advisors, just the way they would in a physical mediation proceeding. At the same time, the mediator, who controls which party enters which room, will be able to conduct joint as well as private meeting sessions with each party.
Online Document Exchange
Some elements of the physical mediation process, such as the exchange of position documents and final mediation agreement, are already carried out online. Therefore, these elements can continue to proceed in a remote mediation without any change. The electronic signing of documents is possible, which means a settlement agreement can be executed remotely.
This means that technically a remote mediation can be fully settled the same day. The facility of online screen sharing will enable the parties to review and make adjustments to the key mediation documents (such as the draft copy of the mediation agreement). In addition, the parties may choose to receive the draft copy via email and evaluate it in detail along with their Massachusetts mediation attorney before the final settlement.
Dry Run of the Remote Proceedings
It is usually prudent to have a dry run ahead of the actual day of remote mediation. This will ensure that all parties are comfortable with the technology and the system being used for the proceedings. The number of participants in a remote mediation should preferably be kept as low as possible to allow for more efficient communication and increase the chances of a settlement.
Set Up a Consultation with an Eminent Mediation Lawyer
At Shapiro Mediation Services, we are proud to follow the best practices and maintain top legal standards for our clients at all times. We are fully equipped to support you remotely and facilitate a remote mediation for your case in Massachusetts. Call 617.765.1040 today to schedule a free consultation with us or contact us online.