The New Norm: Online Mediation

In person vs. online mediation

When looking at mediations post COVID-19, you can’t help but wonder if the era of in person mediation is a thing of the past. It’s safe to say that prior to March 2020, at least 90% of mediations work performed in person. Now it seems like that dynamic has completely flipped. Conducting mediations online has opened the doors to expand where dispute resolution services are offered (not limiting to our local markets), has made scheduling much easier, and arguably has made the mediation process more efficient in many respects. However, as discussed below, there are some clear pitfalls with the negotiating online that mediators, attorneys, and their clients should be mindful of to ensure the mediation process can continue to be as effective as ever.

Technological Limitations

Anyone that has ever attended any online meeting has dealt with the inevitable technical difficulties. We can prepare all we want, but often some technology issue arises that now one could have planned for. Also, because online mediation gives parties the ability to multitask and work on other tasks this heightens the chance for some technological problem to arise. It is important to be mindful of your own equipment and online capabilities to limit these issues.

Lack of Non-Verbal Cues

One of the significant drawbacks of online mediation is the absence of non-verbal cues, such as body language and facial expressions. These cues play a vital role in understanding the emotions, intentions, and reactions of participants. Without these visual cues, misinterpretations and misunderstandings may occur, potentially hindering effective communication and impeding the progress of the mediation.

The virtual nature of online mediation can also create a sense of detachment between participants. Building rapport and establishing trust may be more challenging compared to face-to-face interactions. The absence of physical presence and personal connection can impact the level of empathy and understanding between parties, potentially hindering the willingness to cooperate and reach mutually beneficial agreements.

With this in mind, taking time at the beginning of the mediation to build trust and rapport with the mediator and between the parties has become even more important. It can help bring the personal aspect back to the negotiation that is generally missing when negotiating through a camera.

Distractions and Lack of Focus

Online mediations are susceptible to various distractions. As explained above, participants may be tempted to multitask or engage in unrelated activities. It’s also an environment prone to interruptions from children, pets, etc. These distractions can significantly impact the focus and attention participants dedicate to the mediation process. Reduced concentration may lead to misunderstandings, miscommunications, and a less productive environment for conflict resolution.

It is crucial that everyone involved in the mediation puts forth an extra effort to actively listen and ask clarification questions as often as possible ensuring they are as involved in the negotiation as possible. It is also important for mediators to recap often, summarizing the key points and progress.

Security and Privacy Concerns

As we all know, confidentiality and privacy are vital elements in mediation. The layer of confidentiality associated with mediation is what helps cultivate open communication and the exchange of information and ideas. However, online platforms introduce additional security risks and concerns. Breaches in data security or unauthorized access to online mediation sessions can compromise the confidentiality of discussions and jeopardize the integrity of the process. Parties must carefully consider the security measures implemented by the chosen online platform to ensure the protection of sensitive information and communications.

Limited Emotional Support

Mediations often involve emotionally charged discussions and conflicts. In in-person sessions, mediators, attorneys, or advisors can provide immediate emotional support and guidance. However, online mediations may lack the same level of immediate assistance. Participants may find it challenging to cope with emotional stress or address sensitive issues without the in-person support they would have received in a traditional setting. If everyone involved in the mediation is able to be mindful of everyone’s emotions and work together in a respectful manner, the likelihood of s successful outcome that also heals and preserves relationships is greater.

Conclusion

Online mediation undoubtedly offers numerous benefits, including convenience, accessibility, and reduced costs. Admittedly, I myself prefer the comfort of attending mediations online and believe they are the new norm. However, it is vital to recognize and address the potential pitfalls associated with this mode of conflict resolution. By understanding and proactively mitigating the challenges of technological limitations, lack of non-verbal cues, limited personal connection, distractions, security concerns, and emotional support, the effectiveness of online mediations can be enhanced.

Mediators and participants should work collaboratively to establish clear guidelines, select reliable platforms, and create an environment that promotes open communication and active participation. By navigating these pitfalls with diligence, parties can maximize the potential of online mediations as an efficient and effective means of resolving disputes in the digital age.