sary plans to the mediator in advance of the mediation session. Certain key documents should also be provided to the mediator in advance of the session along with your attorney’s mediation statement.
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Break-Out Sessions The mediator will conduct private discussions with the parties in virtual break-out rooms, which fulfill the role of separate conference rooms in an in-person mediation. The parties may choose to send only the person with authority to settle, reserving the option to call in others as needed (e.g., the project manager), but without the restrictions of shared physical space, it may be beneficial for all individuals with first-hand knowledge of the project to participate in virtual break-out sessions. Sometimes those individuals can spot factual discrepancies or are willing to admit a weakness in the case to the owner of the company in the privacy of a break-out room. Both of these scenarios can be important for analyzing settlement options. However, in advance of the hearing, the mediator should require the parties to identify all individuals who will participate so that the adverse party is aware of their attendance, and the attorney for each party should identify all participants at the beginning of the session.
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Closing At the conclusion of a live mediation session, the participants might need to get home or even catch a plane, but with virtual sessions, it is possible to hold another session if it seems worthwhile without having everyone return to the mediator’s offices for another session. Conclusion The changes that virtual mediations have brought will likely not affect whether a case will settle, but you should bear in mind the differences in the format—the good and the bad—when you prepare for the virtual session. Adrienne L. Isacoff, Esq., serves Of Counsel in the firm of Florio, Perrucci, Steinhardt, Cappelli, Tipton & Taylor LLC, and serves as an arbitrator and mediator for the American Arbitration Association and the New Jersey Superior Court mediation program.
