Joshua Javits recently wrote a nice article on how likely we are to return to in-person mediation and arbitration. The definitive answer is, who knows? Many of us have become quite accustomed to playing and working with others on-line and are in no great rush to polish up our wingtips, jam into the Metra or queue up in rush hour and head back to the office. I’ve had great success online in both mediation and arbitration and just have not experienced downsides. I’ve had no difficulty connecting with lawyers and even very distraught litigants.
Everyone talks about how much cheaper and easier online is—participants are way more relaxed, time is far less an issue, it’s much easier to move around and handle groups of people. But there’s another issue no one discusses. To be effective, mediators must stay dead neutral. That’s one thing before you begin. Once you jump into the water, however, strong winds and rip tides can easily pull a mediator toward one or the other side. Sympathy, conviction one side deserves better or frustration with hard-ball tactics can push you off center. A little distance can be a good thing. Online, no one is getting in anyone’s face. When things heat up, everyone has a bit more reaction time to consider a measured response. There’s a feeling of safety. We all tell parties to look at their case “from thirty-thousand feet up” to see the big picture. Online can help.
Movies and video are among the most effective communication tools ever invented. One of the ways they touch us is by their ability to get closer and further, or, as they say in cinema, zoom in and out.
Click here to read the Javits article.
Everyone talks about how much cheaper and easier online is—participants are way more relaxed, time is far less an issue, it’s much easier to move around and handle groups of people. But there’s another issue no one discusses. To be effective, mediators must stay dead neutral. That’s one thing before you begin. Once you jump into the water, however, strong winds and rip tides can easily pull a mediator toward one or the other side. Sympathy, conviction one side deserves better or frustration with hard-ball tactics can push you off center. A little distance can be a good thing. Online, no one is getting in anyone’s face. When things heat up, everyone has a bit more reaction time to consider a measured response. There’s a feeling of safety. We all tell parties to look at their case “from thirty-thousand feet up” to see the big picture. Online can help.
Movies and video are among the most effective communication tools ever invented. One of the ways they touch us is by their ability to get closer and further, or, as they say in cinema, zoom in and out.
Click here to read the Javits article.