1. Choosing between in-person and virtual mediation
This is a big decision these days and is significant when it comes to scheduling. Both have their pros and cons, so let me break it down.
Virtual Mediation:
- Mediators have more open dates to mediate virtually, since in-person mediations out of town often require them to keep days before and after the mediation open for travel.
- Virtual mediation has really taken off, especially since the Covid pandemic. Here are some benefits:
- Easy Access: Key people like insurance adjusters and experts can join without worrying about travel.
- Cost Savings: It is often cheaper and simpler to get everyone together online.
- Convenience: Scheduling is a breeze since no one needs to travel.
- Better Engagement: People can join with a click, and you can read body language and facial expressions better on camera.
- Effective: Most experienced mediators find virtual mediations just as successful as in-person ones.
In-Person Mediation:
- In-person locally or in a locale I can get in and out of the same day will always have more open dates than those where I know I’m going to possibly have to travel to give the parties a full day of mediation…and not short the parties in mediations scheduled the days before and after.
- In-person mediation still has its fans, although they often have difficulty explaining why, other than that is the way they have always done it, or had some unpleasant experience in the early days of virtual mediation or with another mediator who didn’t have great command of the technology.
- Commitment: Some feel more invested when they must travel, even if it is just a short distance.
- Presence: Being physically present can be more convincing, especially in complex disputes.
- Specific Cases: Certain disputes, like construction disputes between sophisticated parties and no insurance issues, might work better in person.
Hybrid Mediation:
- I am not a fan of hybrid mediations where some people are in person and others are remote. If we are doing it in person, everyone should be there, including lawyers, clients, and decision-makers. Exceptions can be made for those who cannot travel if their key people are present.
Large Group Mediations:
- For mediations with many participants, virtual platforms like Zoom are more effective than in-person sessions. It is easier to manage and coordinate large groups online.
2. All busy mediators fear the comment, “We didn’t try to schedule you because you are always scheduled months out.”
I know some excellent mediators who were so busy that eventually they were not…because everyone stopped calling. Yes, most of the good construction mediators I know stay terribly busy. But we do have cancellations, and dates we hold back, and dates we set aside for that vacation we thought we might take but did not. Give us a call. If we cannot help you with an early date, we might know another good construction mediator who could.
3. Please don’t ask your young associate, paralegal, or assistant to call Mediator X or his/her assistant and “find out what they have available” if you haven’t briefed them on what you are looking for.
If they do not know what the dispute is about, who the parties and counsel are, approximately when the parties would be ready to mediate and whether it is it be virtual or in-person, we’ll just send them back to you to get that information before giving out dates. The answers to all those questions are significant in what dates we give out or hold back.
4. Yes, we screen the cases we agree to mediate.
Every once in a while, I’ll find that I’ve been scheduled to mediate something that isn’t exactly my cup of tea…a wrongful death or bodily injury case, a real estate deal gone wrong, a corporate break up, or a case that I know could be more quickly, efficiently, and economically handled by another mediator. The complexity and number of parties matters too. I may have a date technically available, but I may recognize it as a case that I know is going to require a number of pre-mediation calls at a time when I cannot give that matter the attention it deserves.
5. Mediation Services and AAA Affiliation
As a member of the American Arbitration Association (AAA) Panel of Mediators, I am equipped to handle cases referred through the AAA, adhering to their established Rules and Procedures. These cases are typically administered, scheduled, and billed by the AAA and involve a nominal administrative fee.
For parties currently engaged in AAA-administered arbitration and contacting me directly, I recommend, but do not require, coordinating mediation through the AAA. This approach ensures seamless access to pertinent case materials and updates, streamlining the process for all involved.
Parties not involved in AAA-administered disputes are welcome to engage my mediation services directly. While utilizing the AAA’s administrative support can offer additional resources, it is not a prerequisite for initiating mediation with me.
My primary goal is to facilitate effective and efficient dispute resolution tailored to your specific needs.
