Litigators, Is it Time (Yes, Even As You Are Practicing Social Distancing) to Add Video Conference Mediations to Your Practice?
Last Friday I mediated a matter involving 8 parties, with two attorneys in New York, one in California, and four in Nevada. Not even one of them came to my office. We held the entire mediation remotely via video conference. We held joint sessions with all participants, attorneys-only sessions, and we held caucuses in virtual “rooms” for each group of parties or individual and their counsel. I did my normal thing, shuffling ideas, reality testing, and communicating demands and offers throughout the day. While I was in another “room”, those in a virtual room had their privacy and were able to speak among themselves securely, knowing that neither I nor the other parties could hear their deliberations. Some participated with video and others only through audio.
With today’s video-conferencing capability, anyone with a smart phone can participate in a mediation remotely. I held a mediation last month with two parties in Moscow and others in my office. The world is shrinking, and we can use technology to conduct resolve disputes even as we are working from home during the COVID-19 shutdown. Think about the cases on your docket right now that could be resolved while everyone is at home. Put those smart phones to work and let’s get resolving your cases! Call me to find out more.