Saturday, April 22, 2023

Fox Settlement Shows Remote Mediation Works

Since the advent of the virtual mediation essentially with the rise of remote attendance resulting from the pandemic, lawyers seem skeptical of the effectiveness of this mediation technique. This skepticism persists, even after many polls of over a thousand full-time neutrals revealed that settlement rates remain as before largely the same as in-person cases. As evidenced by employing a mediator colleague of mine from the National Academy of Distinguished Neutrals ( floating down the Danube during a high-stakes, eve of trial negotiation in a high profile case with results certain to be impactful, it is possible to achieve resolution by remote attendance. This method is pretty much the default in the state of Florida and around the country and is usually possible despite standing orders that may not specify so in the name of self-determination with agreement of the parties. People are now facile with off the shelf technology like Zoom and are quite used to interacting with others in this medium. Likewise, mediators using this space are in their third year of building rapport without actually being there, not counting prior experience with telephone negotiation, etc. (also used here among as many as 50 calls and was always an option before Covid). Don't underestimate the ability to get things done in short order without sitting down at the same table. But if you must, we still do that too! See more here-- and