What will the “new normal” look like?
That’s a great question, and one that is on everyone’s mind as the effects of vaccinations and natural – albeit temporary – immunity for people who have overcome Covid-19 slowly drive down new case numbers of the virus.
After all, the pandemic forced every facet of society, schools, sports, businesses, churches and others to adapt operations during the past year. Now, with most of the wrinkles ironed out and new modes of operation in place it remains to be seen if going back to “the way it was” is possible, desirable or likely.
Courts are no exception.
While conditions varied from venue to venue in early 2020, most U.S. courts shut down from mid-March 2020 until mid-summer when they reopened on a limited basis or by hearing cases via Zoom and other conferencing platforms. Mediators followed suit with many operating solely through virtual meeting platforms for much of last year. Many continue to do so – quite successfully – to this day.
Advantages of Virtual Mediations Are Considerable
More than a year into the pandemic, most people are used to and comfortable with virtual meeting platforms. Objections have ebbed.
With issues firmly in the rear-view mirror, it’s impossible to ignore the many advantages of virtual mediations, some of which are advantages inherent to mediations when compared to litigating in court:
Reduced Expenses: Mediation – in person or virtual – is significantly less costly than going to court. Litigation involves travel and time invested in not only court, but in depositions and trial preparation. While mediation does involve trial preparation, disputes are often resolved through mediation in one session. The time invested is in hours, while going to court can take days, not to mention the non-courtroom time investment associated with litigation.
Lower Travel Costs: Expenses associated with transportation, lodging, meals and incidentals add up quickly. And it’s important to remember that travel also eats up time – which for many lawyers is billable – and time represents opportunity costs for clients. A virtual mediation can be held online and completed quickly. No connecting flights, no lost baggage, no delays in transit and everyone stays on schedule.
Shorter Resolution Times: An advantage inherent to all mediation is that getting a court date and time is not an issue: the parties involved in the dispute work out a mutually agreeable time. That time can be months before they could get a court date for a litigated case. And with a virtual mediation, scheduling is even easier as travel – across the country or across town – is not an issue. Plus, if all parties in the mediation are trying to find a mutually workable two- or three-hour window, that time is likely be to easier to arrange when any amount of travel is involved.
Increased Flexibility: Rescheduling a court date – for whatever reason – can be disruptive to the schedules of everyone involved. And rescheduling an in-person mediation can be nearly as challenging. After all, an in-person mediation will involve some travel, collecting documents and prepping them for travel, blocking out time for transit and the mediation itself. When a virtual mediation must be rescheduled the level of complexity drops greatly.
Virtual Has Become “The New Normal”: A year ago many of us were trying to figure out how to set-up, schedule or even attend a Zoom meeting. Technical glitches (Camera, but no sound? Freezing?) were common. By a few months into the pandemic and the lockdowns it brought, most people may not have loved the virtual meeting experience but they had become adept at operating in the new realm.
Now, more than a year into the new operating model brought on by the pandemic, many people have come to favor the convenience of virtual meetings. “Stacking” two or more meetings in a row is less time-consuming when you’re merely closing a screen and clicking on a link than moving from conference room to conference room, building to building or to different parts of town. The virtues of virtual meetings have been embraced by many, so it stands to reason that virtual mediations will likely at least be an option offered by many mediators.
Final Thoughts
By the time the pandemic is under control the world will have spent well over a year bring bombarded by gloom and doom news about Covid-19. Over that extended time period new behaviors such as wearing masks, carrying hand sanitizer, social distancing, etc. will have become ingrained in many people. It only stands to reason that at least some will continue those habits as they have become second nature. Consider virtual meetings – including mediations – to be just one more of those behaviors.
If you have questions about mediations or virtual mediations, please contact Kim Kirn Law today.