Virtual mediation: here to stay

As face-to-face meetings slowly start to return, one method of online alternative dispute resolution has proven its lastability, says David Friedland of Friedland Vining.

“Adapting on the fly” is not a phrase often associated with lawyers. Yet, in a pandemic world where the legal industry faced unprecedented court closures, trial calendar continuances, and interruptions in civil litigation practices, the challenge of effectively managing mediation and other dispute resolution vehicles that kept most of the world behind closed doors, was met head-on and conquered by attorneys, courts, clients, and dispute resolution specialists.

The question now, reflecting on the effectiveness of virtual mediation as many of those doors are opening back up: is virtual mediation here to stay? The answer, based on the present landscape, appears to be a resounding “yes”.

While there may frequently be cases where face-to-face negotiations will remain an important and relevant component in dispute resolution, virtual mediations offer mediators, parties, and civil litigators the opportunity to expand the circumstances under which secure video mediations are reasonable, effective, and helpful.