Mediation Mistakes: Best Practices for Mediators and Advocates in Virtual Mediation

Mediation is an effective tool for resolving disputes. It allows the parties and their counsel to hear assessments of their position from a third party experienced in evaluating cases. Some lawyers rely on mediators to communicate risks that the lawyer hasn't fully shared with the client or the client hasn't fully accepted from the lawyer. It allows the parties to assess the credibility and effectiveness of their adversaries. For mediation to result in a negotiated resolution, the mediator needs to develop a rapport with the decision-makers to stimulate movement and compromise. There is also a sense of urgency and mounting pressure as an in-person mediation keeps stakeholders somewhat captive while the process unfolds. This course will explore how advocates can effectively represent clients in virtual mediation and best practices for mediators in handling negotiations remotely.  

1. Plan ahead for mediation and set ground rules so that the protocols are agreed to and understood by all participants

2. Prepare clients to present their position effectively even when not face-to-face with the mediator or opposing party

3. Select a mediator comfortable with and effective in a virtual proceeding

4. Anticipate areas of resistance and mobilize arguments to move the process forward

5. Assure that the deal is enforceable so that the other side cannot back out due to next-day regrets