Bernard C. Barmann, Jr

18

REMOTE VIDEO MEDIATION

by Bernard C. Barmann, Jr.

THE COURTS ARE largely closed. Clients and most attorneys are on COVID-19 lockdown. So there’s no available forum for resolving your clients’ disputes, right?

Wrong. Mediations can easily be conducted online! This means that disputes can be mediated during the lockdown, even if the parties and attorneys are in different locations. Also, once we transition to a new “normal,” not everyone is going to immediately feel comfortable being in the same room with several others. During that transition time, online mediation is a great tool for resolving your clients’ disputes. And even when we’re free of all restrictions on personal interaction, online mediation is a convenient way to resolve disputes where the parties and lawyers are located in different places.

I know online mediation works because I’ve done it. During the COVID-19 lockdown, I’ve been able to mediate disputes online with the attorneys and parties each connecting from their own separate locations. The lawyers are not even in the same place as their clients, but they can easily confer privately with each other because technology allows for private virtual conference rooms for each party and their counsel. A technologically-adept mediator can easily shuttle between these private rooms, pull the attorneys out for private conferences, share documents, use a white board, and conduct joint sessions with all parties if appropriate.

Before I conducted my fi rst online mediation, I was concerned that the lack of personal interaction might impair the effectiveness of the process, but my concerns turned out to be overblown. Online mediation works, quite well. It turns out it is not very diffi cult to connect effectively with the participants via video conference. And in several ways online mediation can be superior to in-person mediation. Here are some of the advantages of online mediation:

CONVENIENCE Online mediation is convenient because parties and attorneys can participate from anywhere they have online access. A party and their counsel can be in

RES IPSA LOQUITUR

separate locations. No one has to travel to participate in the mediation. All participants can remain at home or at their own offi ce. They only need an internet connection and a computer, laptop, or just a smartphone.

FLEXIBILITY With online mediation, the locations of the lawyers and parties become irrelevant. This opens up a world of possibilities for scheduling, particularly for cases where the client, opposing counsel, or the opposing party is from out of town. The participants just need to fi nd the available time on their calendars without having to take into account travel time.

PRODUCTIVITY Instead of being stuck in the mediator’s conference room, participants in online mediation can be in their own workspace. This allows attorneys and clients to use downtime more effectively to focus on other tasks and projects.

COST-EFFECTIVENESS Online mediation can be less expensive because no one has to incur travel expenses or be charged for travel time. No one has to drive long distance, book a hotel room, get on a plane, or incur meal expenses to participate in the mediation. This can save clients money.

Online mediation is not just possible, it is available to you and your clients now. While online mediation may not be suitable for all disputes, it should be seriously considered as an option.

About the author: Bernie Barmann, Jr. is a trained mediator who conducts mediations online as well as in person. He has helped litigants resolve matters they didn’t think could be settled and helped people resolve disputes before they’ve ripened into litigation. He brings to bear nearly 30 years of broad litigation experience as a business trial attorney eff ectively representing companies and individuals in a wide variety of civil disputes in state and federal courts throughout California and in other jurisdictions. He is currently Secretary of the KCBA and formerly taught Civil Procedure at the Kern County College of Law. For more information visit bbarmann.com or kuhsparkerlaw.com.