Remote mediation – here to stay?

Mediation has long been considered an effective method of alternative dispute resolution. With ‘in-person’ mediations no longer possible, remote or online mediations have risen to the fore.

28 October 2020

Mediation has long been considered an effective method of alternative dispute resolution. According to the 2018 mediation audit conducted by CEDR (Centre for Effective Dispute Resolution), mediation achieves a settlement success rate of 89% of cases.

The traditional form of mediation where all parties, their advisers and the mediator meet in person has been impacted by the current restrictions caused by the Covid-19 pandemic. With ‘in-person’ mediations no longer possible, remote or online mediations via Zoom, Microsoft Teams or other online platforms, have risen to the fore.

On the one hand, it is inevitable that ‘something’ is lost when looking at faces on a screen rather than bodies in a room. That may be the loss of mediation ‘gravitas’, the absence of meaningful body language or being able to walk away by the simple click of a mouse. On the other hand, the preparation for the day remains the same, attendees do not need to travel across the country or dash off at a moment’s notice to catch a train.

Whether remote mediation proves to be as successful as traditional mediation remains to be seen. However with no end to the current restrictions in sight, remote mediation looks like it is here to stay.

If you are in a dispute or are interested in mediation, we recommend that you consider remote mediation as an option and we would be happy to discuss this with you.

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Contact

Emma Marshall

Senior Associate

Emma.Marshall@brownejacobson.com

+44 (0)330 045 2697

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