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About this time last Friday I emailed my solicitor colleagues around Ireland suggesting that they should think about moving their litigation/dispute resolution practice online and suggesting they investigate online mediation. A few hours later the Taoiseach asked us all to stay
home for two weeks.
This week I have been contacted by a number of colleagues inquiring about acting as a mediator and about online mediation. Here are some headlines.
Either telephone or video conference mediation can be used. Improvements in technology, especially for video
conferences / meetings using Skype, Facetime, GoToMeeting, Google Duo and Zoom, have made real-time communication effective regardless of location in the world and has enabled multi-party, same-time connections as if people were on the other side of a table.
The online Mediator
must be suitably trained and accredited and must be verbally confident, capable of building a trust and rapport based on credibility and courtesy. They must use active listening skills if unable to rely on non-verbal cues, facial expressions, and body language – to assess each
party total engagement in the process and to ensure understanding.
The first obvious benefit is the parties don't have to travel to a neutral mediation venue, saving on travel time and associated costs. Video conference mediation can be more easily scheduled and can be undertaken
when each individual party is available.
It works, so why not try it?
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