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Human beings are social creatures and most of us would rather participate in-person if possible. In the post-Covid-19 future, both video and of course in-person hearings will be available. I want to share a few observations about the unique benefits that come with video mediation or as it is often referred to, videoconferencing or Virtual ADR.

In 2020, the court system has faced unprecedented challenges from the pandemic and associated budget cuts. Business disputes, however, continue on – and with would-be litigants facing uncertain waits in the court system for their most pressing issues, Alternative Dispute Resolution (ADR) has taken on new importance.

The reality is that now in most jurisdictions, it is almost impossible for litigants to have their day in court, impaneling a jury is out of question, the processing of routine legal matters has taken a dramatic hit and the backlog of cases awaiting trial on most court calendars has grown exponentially.

Now that the courts have begun to reopen, one might at first believe that the pre-pandemic status of courts dealing with a steady flow of matrimonial cases is being slowly but inexorably restored. However, not only is online mediation still as desirable an alternative as it was during the pandemic’s darkest days, it remains an attractive option specifically in the area of matrimonial law, where disputed issues are often personal and sensitive.

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines) and medical briefs in order for the mediator to properly prepare for the hearing.

"The maritime bar is very small, and people know each other and speak the same language. So in maritime disputes, it is extremely helpful to have an arbitrator or mediator with a maritime background."

The emotionally charged and highly personal nature of estate and trust disputes lend themselves well to ADR, particularly mediation, because neutral mediators use their interpersonal skills in a confidential venue to help the parties resolve their differences.

What will Mediation look like when that day arrives? Will there be in-person Mediations? Yes, absolutely. Will there be virtual Mediations utilizing videoconferencing? Yes, absolutely. Will there be Mediation sessions employing both in-person and remote participation simultaneously? Again, the answer is: Yes, absolutely.

In negotiations counsel and their clients must realize that patience is a virtue. All too often they become easily frustrated with a slow pace and wish to rush if not abandon the process prematurely. Small incremental moves especially during the early stages of negotiations are interpreted as an indication that the case will not settle.

The mediator’s function is to help the parties sort through the facts of the case. His or her success as a mediator depends upon treating everyone in the room with equanimity. It's difficult enough to prepare for a mediation, but finding out that the playing field has been changed at the last minute makes things that much more difficult.