Recently an attorney friend of mine mentioned that he did not find remote mediations and arbitrations successful. I disagree, but preparation and mindset are key!
I have successfully been conducting arbitrations and mediations remotely and in person, but a key component separates the ones that resolve and the ones that don’t - preparation.
When preparing for a remote or telephonic mediation, the key things an attorney should do are: (a) take time to make sure the client has the proper technology; (b) explain to the client that it might take longer to conduct the process remotely; (c) coordinate logistics with the mediator; and (d) if necessary, participate in a practice mediation or arbitration.
One shortcoming I see in remote mediations is that it’s easier for parties to come to the table half-heartedly in order to “check it off” without prioritizing the event. No matter how skilled your mediator is, if the participants do not come focused and prepared, you will NOT be successful.
In order to have a successful event by video conference, everyone must prepare for the day differently than you would for an in person mediation. Prepare with both the mediator and the client differently. And most importantly, always make sure you have set aside the day to be focused on the case you are resolving.
A few extra phone calls or emails before your videoconference event will pay off. I would love to discuss preparation with you before you mediate your next case whether it is with me or someone else. I promise that good preparation pays off.