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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Essential Dispute Resolution

The COVID-19 pandemic is impacting all of us in ways we did not expect. For those involved in litigation, we are entering difficult and uncertain times, with courts limiting their services and jury trials on hold.

Mediation is more important than ever. We are transitioning from “alternative” dispute resolution to “essential” dispute resolution. If, for concerns of public safety, the courts cannot provide timely and predictable ways to resolve disputes, mediators must make this happen, safely, securely and effectively.

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