Surprising Lessons from the Switch to Online Mediation

Surprising Lessons from the Switch to Online Mediation

Mediation is simply a tool to resolve disputes. For years, we could only visualize that tool as requiring participants to all converge at one location, face-to-face with a mediator, before they could engage in meaningful efforts to settle disputes.

Covid forced a re-invention of that process. At first, I was skeptical that online mediation could work effectively. I never would have predicted it would permanently change the world of mediation as it has. Here are three lessons I have learned.

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Breaking Through the Fourth Wall: Mediating Cases in a Time of Social Distancing

In the world of theater, the “fourth wall” is a convention describing the invisible wall separating actors from the audience. While imaginary, it keeps an important distance between what is happening on stage and those watching a play. Occasionally, playwrights will deliberately break through that barrier, allowing actors and audience to venture into and connect in the same space and time.

Online mediation, and specifically the experience of communicating through a computer screen, creates a fourth wall between mediators and participants, and even between attorneys and their clients. We have new challenges going to the heart of the mediation process, impacting the way we communicate and the way we resolve cases. If we are going to mediate cases effectively, we need to break through this wall. Some of the solutions are very practical and technology-focused; others go to how we conduct ourselves online during the mediation process.

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Distanced but not Distant: Connecting through Online Mediation

Distanced but not Distant: Connecting through Online Mediation

In a blink of an eye the world of mediation changed. First, the hand-shaking stopped. Then, people weren’t sitting close to each other in joint sessions. Finally, and wisely, we stopped holding in-person mediations altogether. Mediators who prized their ability to interact personally with people were now doing crash courses in Zoom and trying to figure out how to work with new technology. We wondered how a craft founded on understanding, empathy and connection could survive if we were peering at people through computer screens.

We are not all the way there, but I can report this: 

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