What is the best platform for remote mediation?
Most mediators’ preferred platform for conducting a remote mediation is Zoom. However, where parties have a preference for using a different platform - such as Microsoft Teams - in our experience, mediators are fairly relaxed about using another platform. Parties might have such a preference for information security reasons, and must satisfy themselves as to the security and privacy aspects of any platform. Functionality is also important: for example, it is preferable for platforms to be able to accommodate all participants being visible on the screen at once, to best replicate the face-to-face experience of mediation and enable the parties to gauge each others’ reactions.
How does mediating remotely help?
mediating remotely can take some of the ‘heat’ out of mediation, encouraging parties to take a more tempered approach to the discussions. This in turn can increase the chances of a settlement, as it helps parties to narrow the discussions and come closer together in their positions more quickly;
What is a remote mediation?
Mediation is a key feature of commercial dispute resolution. A large proportion of commercial disputes proceed to mediation, and success rates are high. Parties who refuse to mediate without good reason can face costs sanctions in any court proceedings.
What do parties need to do to participate in a remote mediation?
Parties to a remote mediation will need to make practical preparations, including: ensure that you have adequate computer equipment, a sufficiently strong and stable internet connection and are able to access the relevant platform for the mediation - including checking that it is not blocked by your firewalls.
What is a plenary session?
Usually, a plenary session is the first main session of a mediation. This allows all parties to join the same ‘room’ and set out their opening remarks or positions. In a remote mediation, some of the impact of these plenary sessions is inevitably lost, so you may decide to dispense with these sessions or at least keep them short. This will make what is said in the position papers exchanged in advance of the mediation more important than ever.
What are the challenges of remote mediation?
Remote mediation also raises some challenges, including: 1 some additional preparation is required, although this can be readily navigated; 2 some minor glitches arising from the use of technology can be expected, but again these can be minimised with careful preparation; 3 there is a risk that attending a mediation from home can feel to some participants like less of a commitment, and therefore easier to walk away from, than a traditional mediation. If this is the case, the chances of achieving a settlement could be lessened. It is critical that all parties take the mediation as seriously as if it was face to face; 4 mediating remotely can take longer, with an additional risk that it could drag on because participants do not face a journey home. The length of, and potentially an agreed end time for, the mediation needs to be carefully considered; 5 'screen fatigue' can make the process tiring if adequate breaks are not taken.
What is remote mediation?
Remote mediation in practice. Mediation is a central feature of dispute resolution. A well-implemented mediation can bring an end to longstanding disputes, avoiding the uncertainty of an errant adjudication decision, arbitral aware or court judgment in a cost effective manner. Mediation can cut through entrenched positions and encourage parties ...
What happens when parties become more creative about the way remote mediation is used?
As parties become more creative about the way remote mediation is used, we may see further innovation.
Can you do remote mediation online?
Over the past year, parties, solicitors and mediators took to online remote mediation by necessity, and often in place of already-planned in-person mediations. Despite some initial concerns and scepticism – particularly around privacy and security, suitable conferencing platforms and the likely effectiveness of any remote mediation – the uptake in remote mediation since has been impressive. Indeed, mediators have observed that despite their anticipation of a rather quiet year, what has actually transpired has been the opposite.
What can we learn from Hong Kong?
In 2003, Hong Kong faced a similar crisis to the one the world faces today. That year, 299 people in Hong Kong lost their lives following the outbreak of a severe acute respiratory syndrome (SARS) and extraordinary measures for that time were taken and lessons learnt on how to deal with future epidemics.
Nothing to fear
What Hong Kong can prove is we have nothing to fear about remote working. Sure, some industries and jobs cannot be done remotely, but at least for those who are typically office-based a sense of pragmatism and decisiveness set in.
Are you prepared?
Drawing from experiences in Hong Kong where government advice around working from home has remained in place for over a month, the emphasis is on having the right working environment and tools, with a myriad of ways in which to be able to effectively work from home thereafter.
Remote Mediation in Practice
- Mediation is a central feature of dispute resolution. A well-implemented mediation can bring an end to longstanding disputes, avoiding the uncertainty of an errant adjudication decision, arbitral aware or court judgment in a cost effective manner. Mediation can cut through entrenched positions and encourage parties and their legal advisers to take ...
Ongoing Remote Mediation Challenges
- Finding the right technology with which to conduct a virtual mediation remains an issue, although this is improving. Existing platforms have introduced enhancements since the early days of the first lockdown – including increased security features; greater provision of ‘breakout’ rooms; participant ‘hand-raising’; and the ability to rearrange participants in gallery view so parties can b…
Remote Mediation in International Disputes
- Now that more mediations are taking place remotely, it is becoming a more attractive option in cross-border disputes as it avoids the need for participants to travel. After being shown to be effective, we envisage that remote mediation will continue to be a feature of international dispute resolution even once travel restrictions are lifted. Not only is it more convenient and less costly f…
Future Innovation
- As parties become more creative about the way remote mediation is used, we may see further innovation. One quick, cost effective option, which may be attractive to businesses for certain disputes in the current climate, is a stripped back, ‘bare essentials’ form of mediation involving blind bidding. This dispenses with many ‘traditional’ features of mediation such as position pape…