Remote Mediation

There are many ways in which remote mediation can work effectively and efficiently. In a modern and quickly moving world parties find themselves in different locations, timezones and jursidictions. Also during difficult times requiring only essential travel, social distancing and self isolation, “face to face” mediations may be difficult, if impossible to achieve.

Remote mediation can take place on various platforms either individually or using a variety of them, namely :

Skype
Zoom
Facetime
Telephone
Email

Parties to litigation may be facing financial uncertainty and may still want to try and resolve litigation to give some financial certainty in uncertain times.

Parties to litigation may be based in locations far and wide and it may prove difficult having everyone meet in one location to mediate in person.

There are platforms available to mediate remotely.

Which platform is used depends on the level of comfort that the individual parties have in using the platforms, as well as the facilities available for the individuals concerned. Concentus understands that and will aim to work with the parties as much as possible to make a mediation work for them.

Mediation whether in person or remote is a flexible and adaptable process.

It allows the parties to explore the issues which are most important to them and bring closure to some sensitive issues which may not even be featured in the legal pleadings.The mediator can work with the parties to help them through certain issues which may be unknowingly causing a barrier to settlement.

A mediation can take place in one day. Litigation can take months, if not years.

It allows the parties to take control of timing and therefore of the costs being incurred. It also allows parties to be open yet feel protected. All discussions and any offers exchanged are confidential as between the parties and the mediator. All discussions with the mediator are confidential.

A mediation will still be effective and efficient using a remote platform if you choose the right mediator.

MEDIATING REMOTELY WORKS AND SHOULD BE CONSIDERED IN ALL CIRCUMSTANCES.

WHAT ARE THE BASIC GUIDELINES FOR PREPARING FOR A REMOTE MEDIATION?

HOW WILL REMOTE MEDIATION WORK ?

WILL THERE BE A SIGNATURE AT THE END OF IT?

Choose a mediator with the skills required to mediate remotely.

Choose a method of communication that you are comfortable with.

Keep the number of attendees to a minimum. Try to be in the same location as the attendees on your side of the dispute if at all possible.

Make sure you have a reliable and stable internet connection or phone line.

Make yourself comfortable, have everything to hand that you will need.

Prepare in the same way as “face to face” mediations, prepare a bundle of key documents in advance, a position statement and have an initial conversation by telephone with the mediator in advance of the day.

An Initial conversation will take place with the mediator regarding the process and the signature of the mediation agreement.

Only those who are parties to the Agreement should be in attendance and listening to the call.

The mediator will work between the parties in the usual way, having conversations with each party to facilitate an agreement between the parties.

A joint session hosting all parties to the mediation can take place if necessary however if not necessary the mediation can commence straight away with focussed conversations with the individual parties.

Parties will be able to take breaks in between conversations with the mediator but should remain close to their computer or telephone so that they can communicate with the mediator as soon as possible.

Any agreement reached can be signed electronically.