Virtual mediation, which started as a necessary contingent during the pandemic, has become the new norm. It’s easy to see why: convenience, flexibility and cost savings while still (ostensibly) meeting the goals of collaboration, negotiation, and effective resolution.
But is it really a good thing? Sometimes, no. At a virtual mediation, plaintiff’s counsel can more easily shield their client from the defense presentation and the weaknesses in their case. But does that mean virtual mediation must go? Not necessarily.
Physical presence is but one of many factors that go into a successful mediation. With thoughtful preparation well before mediation, all goals of mediation can be met — whether virtual or in-person. At Waranch & Brown, we carefully weigh all factors before our cases are mediated.
We choose our mediators based upon their tried-and-true skills in communicating with the plaintiff and applying the requisite “physical” pressure and motivation to settle cases remotely. We also know our comrades in the plaintiffs’ bar. With thoughtful reconnaissance before mediation, we can assess plaintiff’s desire to settle, whether speed bumps are anticipated or whether that in-person interface is required for more effective communication.
At Waranch and Brown, we have extensive experience in both virtual and in-person mediations with successful resolutions based on analysis of all factors and maintaining an open dialogue with opposing counsel and our mediators. We are here to help with your next mediation.