5 Online Mediation Myths Debunked
Since the pandemic started many of our daily activities have changed. All of us had to adapt one way or another to this “new normality”.
At MPSV, one question that we hear a lot from our clients recently is as follows: Since we are unable to all get together in the same room, is the use of online video conferencing as effective as a face to face meeting to mediate a dispute?
Based on our experience, at MPSV our answer is "YES" for the following reasons:
1. Not having in person interaction is detrimental to the mediation process
Some would say that, there is something about all of the parties being in a room together that creates an energy that can initiate a momentum that leads to problem solving. It is difficult to have this energy when everyone is looking at people in little boxes on their computer screen.
Based on our regular practice of online mediation, family members are fighting the same way whether or not the session is live or through video chat. In other words, anger, resentment etc. are neither diminished or amplified during an online mediation.
2.The “screen” fatigue
Some may find it tiring to look at a computer screen for a long period of time. No difference there either. Whether the discussion takes place in person or through an online outlet, we schedule breaks and/or another mediation session if needed. This is our role as mediators to make sure that people do not let go of their position and/or stop voicing their best interests because they are tired.
3. The lesser opportunity to observe other participants facial expressions and body language during online conferencing
Wrong. On the contrary, video chat forces the participants to focus more intensely on the expressions of anyone involved in the mediation. Normally, if you are in a room you would have to turn your head to capture the expression of two individuals or more. With online conferencing, you can watch the facial reaction of multiple people at the same time.
4. Caucus is impossible when using an online outlet
Often one side of the mediation is required to wait in another room while the mediator is meeting with the other side. This practice is known as caucus. With online conferencing it is also possible to have the "waiting" parties leave the meeting for a given period of time and make sure they are not listening before inviting them back to the meeting at the end of the caucus session.
5. Settlements drafting is more difficult during online mediation
Untrue. It is good practice to have a written settlement agreement drafted and reviewed by all parties at the end of the mediation session even if they decide to sign it later in order to think about it and/or submit it to their attorney. Online conferencing actually makes it easier to work on the mediation draft, as it allows all of the parties to see the proposed verbiage in real time on their screen as it is written.
As you may have understood it, at MPSV, working remotely with family members, beneficiaries, lawyers etc. via video conferencing or conference calls is not something new to us. We did it way before the COVID pandemic and achieved the same level of success compared to a live mediation.
Mediation Path Silicon Valley, LLC is devoted to supporting families. Feel free to call us, if you would like to discuss how an online mediation can benefit you or your clients.