Online Mediation
On line mediation can be beneficial to parties that are either extremely busy and cannot commit to travel, find it difficult to travel or would prefer not to attend an in person mediation where all parties are present at the same time.
With the right level of preparation and commitment from all parties as well as a good internet connection online meditation can offer the flexibility required to ensure that all parties and their advisors/ support network can be available at the same time and within a reasonable timeframe.
Online mediation follows the same frameworks as an in person mediation and can be a really manageable way to progress a case in regards to most disputes. Online mediation is not recommended for boundary disputes as our mediator believed the best way a resolution in such cases can be achieved is with a full, on the ground, understating on the issues, physical features and disputed matters which cannot readily be achieved from a desktop perspective.
In some cases the impact of direct meeting can add to anxiety and unwillingness to engage in the process. It may also add to the discomfort of travel, expense, time and unpredictability of travel. It is for these reasons many clients will chose to explore the possibility of a remote hearing. The reduction of stress in the initial assessment of deliberation in whether the parties can jointly agree to mediation can be the most positive step that can be taken. Being able to engage with the process by taking away the elements that may be the most challenging to face can leave the parties able to see the benefit of the process without having to engage with the anxiety a face to face meeting may cause.
The possibility to conduct mediation remotely is a direct outcome of Covid-19 particularly as it is still a concern, on line mediation can avoid the risk of cancellation due to Covid restrictions and exposure. Remote mediation may be preferable in many cases in any event. Remote hearings save both the cost of a venue and the time taken to travel. There will however be occasions when it is necessary for the mediator to inspect one or both of the relevant properties. When an inspection takes place it may be advantageous for the mediation hearing to take place immediately after the inspection using one or both the properties in question. That will be a matter for the Owners to agree with the mediator. In all other cases however the mediation may take place remotely if this is agreeable to the Owners. All the Scheme mediators will be able to host a mediation hearing on either Zoom or Microsoft Teams. A test run will be set up to iron out any technical difficulties and ensure minimal disruption from the outset of the mediation hearing on the set day. This can also be used as a trail run, from which determination that a remote hearing is sufficient for the purpose of the parties and their settings. For confirmation if your case is suitable for remote hearing please contact us to discuss directly.