I am often asked the question as to which I prefer, remote vs. in-person mediation? While I do both, the landscape of mediation has significantly transformed in recent years, especially in my practice as an employment and wage and hour mediator, where over 80% of mediations are now conducted remotely. This shift was first initiated by the circumstance of the COVID pandemic, but has extended beyond those years as a result of the cost-effectiveness and convenience for lawyers and their clients. Given that the industry has moved towards remote mediation as a prominent format, I wanted to examine the pros and cons of remote vs. in-person mediation. While industry-wide statistics on the prevalence of remote mediation are not readily available, insights from legal experts reveal interesting trends and considerations in both formats.
Remote Mediation: Embracing the Digital Age
While not an exhaustive list, below are some of the major pros and cons I see for remote mediations:
Advantages:
- Cost-Effectiveness and Convenience: Remote mediation offers significant savings on travel and venue costs and provides convenience for participants.
- Flexibility: Scheduling and attending mediations becomes easier, especially for parties in different geographic locations.
- Environmental Benefits: Reduced travel contributes positively to environmental conservation.
Challenges:
- Technological Barriers: While mediation firms like Signature Resolution (where I practice) have invested many millions of dollars building and modifying software to make remote mediation a better experience, issues like unstable internet connections and varying levels of tech-literacy can still impact the process.
- Reduced Personal Interaction: The lack of physical presence may affect the mediator’s ability to build a relationship and trust with the parties as well as misinterpret non-verbal cues (I dive into my approach to try and remediate this issue via mediation calls as explained below).
In-Person Mediation: The Traditional Approach
While remote mediations seem to be the current flavor chosen by most parties, there are still some compelling reasons for in-person mediations. Below are some of the major pros and cons I see for that platform:
Advantages:
- Enhanced Personal Interaction: Physical presence allows for better interpretation of body language and non-verbal communication.
- Greater Commitment: The investment in time and effort to attend in person can lead to a heightened sense of purpose and resolve.
Challenges:
- Higher Costs: The expenses related to travel and venues can be significant.
- Logistical Issues: Coordinating schedules and locations for all parties can be complex.
- Accessibility Limitations: Physical meetings may not be feasible for all parties due to health or distance constraints.
Building Rapport in Remote Mediation: A Personal Approach
One of the main drawbacks I see in remote mediation is the difficulty creating a personal connection with lawyers and their clients over Zoom. While remote mediations leverage technology that makes it feel like they are taking place in person, it is still more difficult to quickly build rapport over Zoom. That is why in my mediations, I place significant emphasis on building rapport with lawyers through calls or remote meetings prior to the mediation day. This approach is vital as establishing trust and understanding in a remote setting can be more challenging. These meetings are under more relaxed circumstances (the mediation has not started yet) and I find they allow for a better understanding of each party’s expectations and concerns, setting a positive tone for the upcoming mediation.
Industry Insights:
While specific industry-wide statistics on the ratio of remote to in-person mediation are not widely available, most lawyers and mediators I speak with seem to have adopted remote mediation as their format of choice. Lawyers and mediators acknowledge that both formats have their unique advantages and challenges. The pandemic has significantly increased the familiarity and acceptance of remote mediation tools like Zoom, making remote mediation a viable and often preferred option in many cases. However, the traditional in-person mediation still holds its unique value, especially in terms of personal interaction and commitment.
The Choice is Yours: To Remote, or not to Remote
The choice between remote vs. in-person mediation depends on various factors, including the nature of the dispute, the preferences of the parties involved, and logistical considerations. In my practice, where over 80% of mediations are remote, the focus is on maximizing the benefits of digital platforms while mitigating their limitations. As the legal landscape continues to evolve, the key lies in adapting to these changes and choosing the most effective mediation approach for each unique scenario.