{4 minutes to read} I’ve written before about the Zoomiverse and mediation. So far, so good. No one has yet said: Boy, I can’t wait until we can all travel to and from a mediation and maybe have a client, or clients, fly-in only to find out that someone couldn’t make it at the last minute. Apparently, no one is overwhelmed by the benefit of sitting down at the table together, shaking hands, and exchanging angry glances with someone only a few feet away.
{3 minutes to read} Among the many crises created by the pandemic are shuttered, or barely functioning, courts. The backlogs are growing. And growing. Juries aren’t being picked. Trials aren’t being held. How do cases get resolved? How will the courts function again?
Some courts have begun doing online conferencing. However, as everyone has noticed, we seem to live in a Zoom world these days and Zoom mediations are taking off. These virtual meetings have emerged as a way to unclog court backlogs and bring new benefits to litigants. They even offer some advantages and may reflect one way our post-pandemic world will look.
{3 minutes to read} On March 10, 1876, Alexander Graham Bell, inventor of the telephone, made the world’s first phone call to his assistant, Thomas Watson. He did not say, “Please check the attachment in the email I just sent you, forward it to Mr. Smith in London, and we’ll all talk via Skype at 2 pm ET. Also, check out the photos of my granddaughter that I texted you. Isn’t she a cutie?”
I used to think that in-person mediation always worked best because having everyone in the same place (not necessarily the same room) at the same time forced people to address the dispute in a focused manner. People were present. They had set aside the day, or at least several hours, for one thing only, and they were face to face with the mediator and at times the other side. It meant everyone got down to business. The mediation itself forced people to grapple with issues in a way they probably would not have if their lawyers were just on their own, figuring out ways to “screw the other side” at a hefty hourly rate.