Rapport: Mediating While Socially Distant

Allen Schreiber • April 29, 2020
Allen Schreiber, Birmingham Arbitrator and Mediator

As we all know, the Alabama state and federal courts have essentially been closed. With the COVID-19 pandemic and its associated social distancing, traditional “face-to-face” mediation has become impossible. As weeks have turned into months, the pressure has increased to keep moving cases to resolution. I, along with my fellow mediators, have responded by offering online and telephonic mediations and arbitrations.


Many of the aspects of conflict resolution remain the same: the tactics to push the parties to adjust their positions; the sequence of events; and the pace of the day and overall length of the mediation.


But what IS different:
  • There Is no opportunity to “size-up” the client representatives for the opposing parties in person.


  • There is almost always a technological problem.


  • There is DEFINITELY less opportunity to build a relationship with the client over the course of the mediation.


 The remote process can be as effective as in-person mediation with preparation. One important suggestion I have for preparing for a telephone or virtual mediation is to invest more time than you otherwise would to build a relationship with your client going into the process. You will not have this opportunity during a remote mediation, and you will need to have the client’s trust if you need him or her to make a significant concession – which often becomes necessary in order to reach a deal. You can start building rapport by making contact with your client in advance. Reach out in advance to let the client know you are beginning to think about their case and to discuss the process and the information needed.


With proper planning and a conscious effort to build some rapport, remote mediation can be very successful.


Schedule your next ADR session via our convenient online calendar, or call Carol Waldrop at 855-754-8807.