Before the coronavirus Covid 19 pandemic, almost all mediation was done in person. Then, as the pandemic spiked in Maine, on March 13, 2020, Maine courts ordered all in-person matters (including mediations) — with very limited exceptions — be postponed.
Some mediators decided to stop mediating and to wait for in-person sessions to return. Others, such as myself, pivoted to video mediation, both for court mediations and for private mediations. Now (summer of 2021) things are beginning to open up again AND we’re seeing a spike in Covid-19 infections. Court matters are once again being heard in person and there is a push to return court mediation to in-person in the courthouse.
However, court mediations are now proceeding on a hybrid model: some in person at the courthouse and some remotely via Zoom or telephone. For many reasons I do not plan to return to the courthouse. Thus, I have chosen to continue to accept court mediation work in family matters, but only remotely via Zoom. And after a great deal of reflection, I have also decided that at this time I am not prepared to resume in-person mediation in my private practice, either.
Having mastered Zoom, I find it offers virtually all of the features of in-person mediation: the ability to have joint sessions, separate party conversations, space for confidential attorney-client conferences, etc. Zoom is simple enough that it readily works for those who may not be well-versed or confident with technology. Even more importantly, I have found that the percentage of resolutions I am able to achieve is virtually the same whether the mediation is in-person or via Zoom.
Zoom has advantages over in-person mediation. A big advantage is that participants are more relaxed: they don’t need to drive, find and pay for parking, etc. Participating in a Zoom mediation from their home or office – familiar and comfortable surroundings – also helps reduce stress.
As a mediator, I would much rather see unmasked faces on Zoom than to meet in person with everyone masked up. What is lost in not seeing body language is, in my opinion, more than made up by the ability to see facial micro-expressions.
Will I ever return to offering in-person mediation? I hope so, but not until coronavirus is no longer an issue and we have mediation spaces that are well-ventilated and sufficiently spacious. Until then — and most likely even after — I will continue to offer mediation via Zoom to help parties resolve matters with online video mediation and to avoid contested trials and hearings
How Does Video Mediation via Zoom Work?
This technology allows each party and their lawyer to be able to call in separately from different locations, with no need to meet face-to-face. It offers a variety of features also found in in-person mediation, such as:
- Joint sessions with the mediator and all parties (plus their lawyers, if any).
- One or more breakout sessions (technically called a “caucus”) where the party and his or her lawyer can have a confidential conversation.
- When in caucus, the parties choose to invite the mediator to join them.
- Caucus can also be used where the mediator meets with the lawyers without the parties OR where the mediator meets with the parties without the lawyers (if the lawyers agree).
- The parties (in a joint session or caucus) can, if desired, invite the GAL to join (if there is a GAL, or course).
Zoom is easy to use. Any software or app you need will be downloaded the first time you join a meeting, or you can download it ahead of time. Zoom can be used from a computer, a tablet, or a smartphone.
My friend (and personal Zoom mentor) Craig Freshley, of Good Group Decisions, has a simple introduction to meeting by Zoom here: https://tinyurl.com/v7r2hmk. [If this link is broken, please let me know and I will email you a pdf of Craig’s “handout.”] There is also a one-minute Zoom video that demonstrates how to join a meeting: https://tinyurl.com/vroay6r.
Please do not hesitate to contact me to explore whether a video mediation might be helpful in your situation.