VIRTUAL AND ON-LINE MEDIATIONS

During the difficult and tragic times of the Covid-19 crisis, the related business closures and inability for almost anyone to meet face-to-face, many parties are still better off if they can participate in mediation.  I am very happy to have learned the methods that will most likely permit on-line virtual mediation processes to be secure, to be confidential, and to allow full interaction between the parties and the mediator as they attempt to find a helpful and positive compromise and resolution.  My process is to conduct the pre-mediation meetings by conference call (as I have for a number of years), and to conduct the mediations either using Zoom or by telephone.  The process allows a limitation on those who attend – only those who are invited – and ongoing, confidential private caucuses. 

If you and counsel on the other side(s) and both (or all) your clients want to participate in a virtual mediation, one of you should please send me an e-mail (as usual, to bnye@scalilaw.com), and we’ll set up the process in the usual way, starting with a contract for all parties and a letter to all parties laying out the virtual mediation process.  Right after that, we’ll schedule each of our pre-mediation meetings.

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