The Rise of Virtual and Hybrid Mediations: A Convenient and Effective Alternative

In recent years, the popularity of virtual mediation (supported by virtual platform tools such as Zoom) and hybrid mediation has skyrocketed. As an alternative to traditional in-person mediations, virtual mediation formats have proven to be a practical solution that is here to stay.

Traditionally, mediation sessions required all parties, lawyers, and mediators to be physically present in the same location. While in-person mediations have made a comeback since the pandemic, virtual and hybrid mediations continue to thrive for a variety of reasons. Let’s explore the benefits and challenges of conducting remote mediations.

The Cost-effective Advantage of Virtual Mediation

One of the primary benefits of virtual mediations is their cost-effectiveness. With no need for clients and lawyers to travel from different states or locations, virtual mediations eliminate the expenses of airfare, hotels, and meals. This not only saves time but also significantly reduces travel-related attorney fees.

Many companies have recognized these cost-saving advantages and made virtual mediation mandatory for their clients and attorneys. Embracing this practical approach to dispute resolution helps them save on costs and attorney fees, making it a win-win situation for all parties involved.

Efficiency and Timeliness of Virtual Mediation

Another substantial benefit of virtual mediation is the ability to conduct sessions quickly and efficiently. In the past, scheduling mediations involved accommodating numerous parties’ schedules and travel plans, often resulting in delays of several months.

With online mediation, the mediation process becomes much more streamlined. By conducting mediations in the comfort of someone’s home or office, scheduling can be accomplished in a matter of weeks instead of months. This efficiency allows parties to reach resolutions promptly and move forward with their legal matters.

Increased Participation from Key Decision-makers

Besides the more predictable benefits of saving time and money, virtual mediation offers a notable advantage – the ability to involve higher-level adjusters and corporate executives in the decision-making process. In the past, CEOs and supervisors at insurance companies may have been reluctant to travel for mediations.

However, by conducting mediations virtually, parties are more likely to secure the participation of these high-level decision-makers. Having them involved can expedite the resolution process and enhance the chances of reaching a favorable outcome.

Reducing Emotion and Enhancing Persistence

One interesting psychological benefit of virtual mediation is the reduced animosity and negative emotions that can arise between parties. The physical separation created by the screen can mitigate the intensity of emotional reactions, compared to sitting across the table from the opposing party.

Additionally, the comfortable and familiar environment of one’s own office or home during a virtual mediation can lead to increased persistence. While parties may be more willing to terminate an in-person mediation when progress stalls, they are often more willing to stick with the process in a familiar environment, potentially leading to a successful mediation.

Challenges and Considerations

Despite the numerous benefits, virtual mediations also present challenges when compared to in-person sessions. Some participants may feel less invested in the process since they are not physically present with the mediator and other parties, making them less likely to compromise.

Another challenge arises from the potential lack of control attorneys may experience when their clients are not physically present. Attorneys are typically better equipped to provide client control when they are in the same room as their clients during an in-person mediation. This level of control can be vital to achieving a settlement.

Additionally, the unique dynamic of in-person, face-to-face mediations, where parties are solely focused on seeking resolution, can be missing in virtual mediations. The physical presence of all parties creates a more focused environment with fewer distractions. Lawyers and their clients can see the body language that may offer insight into a person’s argument. Some lawyers also report that it is easier for parties to walk away and terminate a virtual mediation when in their home or office settings, compared to in-person sessions. Parties who have invested time, money, and effort in traveling for a mediation are generally more persistent and committed to completing the process.

The Emergence of Hybrid Mediation

To address some of these challenges and create a compromise, the concept of hybrid mediation has emerged. Hybrid mediation incorporates a mix of virtual participation and in-person attendance, allowing parties to enjoy the benefits of both formats.

With hybrid mediation, corporate representatives and insurance adjusters can continue participating virtually, while their attorneys, the mediator, and some parties meet in person in a conference room. This flexible approach accommodates the cost-saving advantages of virtual mediation, while retaining the beneficial elements of an in-person mediation.

Choosing the Right Format for Success

Whether it’s in-person, virtual, or hybrid, all mediation formats have their unique benefits and challenges. Thoroughly preparing for the chosen format is essential. With careful consideration and preparation, all parties can navigate these challenges and increase the chances of a successful resolution.

RON NEGIN is a mediator at Henning Mediation & Arbitration Service in Atlanta and a partner at the law firm of Busby & Negin. Henning Mediation, a pioneer in alternative dispute resolution, supports virtual, hybrid and face-to-face mediation services.