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As my teenage children can attest, I am technologically challenged. So, at the onset, my technological aptitude was worrisome. Well, those worries are long gone. As most of us have figured it out, I have learned to share my screens with the other participants in the mediation or arbitration process.

Human beings are social creatures and most of us would rather participate in-person if possible. In the post-Covid-19 future, both video and of course in-person hearings will be available. I want to share a few observations about the unique benefits that come with video mediation or as it is often referred to, videoconferencing or Virtual ADR.

In 2020, the court system has faced unprecedented challenges from the pandemic and associated budget cuts. Business disputes, however, continue on – and with would-be litigants facing uncertain waits in the court system for their most pressing issues, Alternative Dispute Resolution (ADR) has taken on new importance.

The reality is that now in most jurisdictions, it is almost impossible for litigants to have their day in court, impaneling a jury is out of question, the processing of routine legal matters has taken a dramatic hit and the backlog of cases awaiting trial on most court calendars has grown exponentially.

Even the most even-keeled neutrals seem to be at odds over what they describe—approvingly or otherwise—as a growing trend in the profession to eschew opening or plenary sessions among the parties. Some say they can still be productive. Others welcome their demise. By Greg Land | October 08, 2020 | Published in the Daily Report […]

Rhonda Epstein is a longtime proponent of ADR and a seasoned litigator with an extensive background in employment law and commercial matters. She talks about how that experience helps her work as a mediator and arbitrator, especially as COVID-19 wreaks havoc on businesses and the court system alike.

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines) and medical briefs in order for the mediator to properly prepare for the hearing.

"The maritime bar is very small, and people know each other and speak the same language. So in maritime disputes, it is extremely helpful to have an arbitrator or mediator with a maritime background."

The emotionally charged and highly personal nature of estate and trust disputes lend themselves well to ADR, particularly mediation, because neutral mediators use their interpersonal skills in a confidential venue to help the parties resolve their differences.

What will Mediation look like when that day arrives? Will there be in-person Mediations? Yes, absolutely. Will there be virtual Mediations utilizing videoconferencing? Yes, absolutely. Will there be Mediation sessions employing both in-person and remote participation simultaneously? Again, the answer is: Yes, absolutely.