Beyond Zoom: The Value of In-Person Mediations
Florida Supreme Court Certified Circuit Civil Mediator
Florida Supreme Court Qualified Arbitrator
There are now very few in-person mediations. Online mediations are far more
efficient than in-person mediations. Participants can be and often are in different cities or even different countries. There are no transportation, food or lodging costs. Mediations are rarely delayed due to traffic problems.
Insurance companies are big fans. Their lawyers and corporate representatives can attend multiple mediations in a single day, without having to pay for travel time. However, it is not uncommon during Zoom mediations for the participants to be multi-tasking during the mediation, reviewing and preparing other cases, and responding to texts and emails. If this occurs it means the individual is not fully engaged in the mediation. Additionally, as the participants have expended less effort to attend the mediation – they are sitting at home or in their office, rather than having traveled to the mediation site – they may be quicker to declare an impasse.
I have been a civil litigator for four decades and during that time I’ve attended hundreds of mediations. Some required me to fly to the Florida Keys or the Panhandle, others to drive short distances or for several hours. It was time-consuming and it seemed inefficient.
In my experience, the participants at in-person mediations were fully focused on the matter at hand. A number of cases that appeared unlikely to settle after opening statements and caucuses eventually reached resolutions. This occurred through discussions with opposing counsel or company representatives during breaks, often facilitated over snacks. (Something that doesn’t occur in Zoom mediations as during breaks the participants rarely interact.) Additionally, participants, having spent time and effort attending the mediation, continued to talk even though a settlement seemed unlikely, frequently resulting in a settlement.
As indicated at the outset in-person mediations are now rare, and likely that won t change. Nevertheless, there are advantages to an in-person mediation and I suggest that lawyers at least consider such a mediation in larger cases.