To Mediate on Zoom or In Person? Trial Reporter - Journal of the Maryland Association for Justice

After many months of pandemic-related lockdown, we now know that Zoom works for mediation. Simply stated, it’s efficient. When participants don’t have to travel to a physical location in order to mediate a satisfactory outcome to a litigated dispute, they save even more time and money than they did before the pandemic. Travel restrictions and preferences will likely wax and wane because of emerging COVID-19 variants. If and when participants cannot mediate in person, lawyers and mediators can rely on Zoom to get the deal done. But are in-person mediations really gone for good? I hope not. When environmental conditions permit, I encourage counsel to think strategically about whether to mediate in person or not.

First of all, do you want an opportunity to build a meaningful relationship with your client? Zoom’s breakout rooms are quick and easy to administer but keep you at a distance physically and emotionally. Your client may need your presence and guidance when considering his or her options.

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Jeff Trueman