In brief, how have virtual solutions such as Zoom been used to ensure the continuity of mediation during the COVID-19 pandemic? Most mediators reached for Zoom or other remote methods of mediating during the 2020 lockdown as a pragmatic way of continuing to provide a service. Previously, my experience of telephone and video platforms for mediation had not been encouraging with frequent drop-outs. I expected to be back mediating on-location as soon as possible, but I soon found that virtual platforms like Zoom are more stable and a well-run virtual mediation can be as effective as the on-location events. Now, video platforms have an important role to play in the mix of ways we communicate and in the mediation world the online setting is uniquely placed to take centre stage. Most online platforms can be set up to provide a suite of rooms just as we might use in a hotel or office. By using these virtual rooms, each of the parties can have their own private meeting space for discussions with their legal and other expert advisers, and for the caucus sessions with the mediator. Messages and files can be passed around by using the chat function and documents can be ‘tabled’ for viewing, discussion and revision in a similar way to having them laid out on a meeting table. Do you feel that the use of virtual platforms for mediation is still relevant as antipandemic measures are eased? One of the incidental outcomes of the pandemic crisis has been that we have all upskilled very quickly in using smart devices and online platforms for communications with our family, friends, colleagues and other business contacts. What this has meant is that the skills and experience of using online communications are now population-wide and almost as universal a competence as using a telephone. Also, most of us have in a pocket, handbag or on a desk a device such as a smartphone, tablet or laptop which has Ensuring Effective ‘Virtual’ Mediation 50 LAWYERMONTHLYDECEMBER 2022 Since the onset of the COVID-19 pandemic, remote mediation has been the only option for many parties and counsel looking to resolve disputes. Even with pandemic restrictions now lifted, ‘virtual’ mediation has become a favoured tool for mediators, and one which carries many benefits if used correctly. In this article we hear from prolific mediator Robin Burley, who discusses the effective use of virtual mediation in the context of his considerable experience. Expert Insight
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