Mediation has long been a popular method for resolving disputes, but the traditional in-person approach can be time-consuming, expensive, and emotionally challenging. With the advent of technology, accelerated by a global pandemic, virtual mediation has emerged as an effective alternative, offering numerous benefits to disputants. In this article, we will explore the game-changing advantages of virtual mediation and explain the five key benefits it offers for resolving disputes. You will even see why we argue it is often the better choice for parties in conflicts.
The Evolution of Virtual Mediation
In a previous article, we discussed the many benefits for mediators, of training online versus in-person. As you will see in this piece, perhaps even more than the mediators do, parties also benefit when we offer them the option of mediating in a virtual setting versus in-person.
Years ago, most mediators were skeptical of introducing any technology to the mediation process, concerned it would reduce the valuable human element we passionately cherish in the process. The notion of introducing technology often conjured up images of impersonal sci-fi robots and computers.
In reality, even in the early days of teleconferencing in offices, if one party could not make it to an in-person mediation session, they may have participated telephonically, by speakerphone or conferencing technology. Old-school telephonic mediation can be limiting, in terms of the ability of all involved to experience body language and emotions of all parties. But many of us discovered that mediation, even telephonically, was better than no mediation at all.
With the advent of the internet, we became more comfortable using email for communicating with clients, primarily for scheduling and simple administrative procedures. Most parties welcomed the transparency email offered, as all parties receive the same information in a single email. It was convenient and effective, as long as mediators set some basic guidelines and confidentiality reminders in email signatures.
In about 2010, IMA began incorporating large computer monitors in mediation conference rooms when we arrived at the agreement-drafting stage of mediations. Funny enough, this seemed revolutionary at the time! It miraculously enabled the parties to see the words of their agreements unfold on the screen. The digital format, as opposed to drafting agreements on paper, flip charts or white boards, helped the parties feel they had more freedom to suggest edits during that agreement-writing process.
IMA introduced an online scheduler in 2016, enabling clients to easily book our services. Later that same year we began offering mediation services over virtual platforms, including Skype and then Zoom. The Covid-19 pandemic then propelled mediators into going completely virtual, circumstances for which we at IMA were fully prepared. Only then did it become universally embraced, first out of necessity, but eventually, because it offered the following key benefits to the parties.
Key Benefits of Virtual Mediation for Parties
When IMA first began offering virtual mediation services to our own clients, most often we did so for convenience, particularly when mediators and parties were in different locations. Also, in more complex, multi-party cases, we would use the virtual platform in the early stages of the mediation. We found it useful to meet individually with parties or small groups of parties, before a joint session, treating those meetings as we would a caucus for in-person sessions, as well as an opportunity to explain mediation to the parties. Even when we tried to encourage shifting to in-person mediation with all parties, we would frequently hear from most that they preferred the virtual platform. This was surprising at first, but over time the key benefits of virtual mediation for the parties became clearer.
1. Increased Flexibility and Convenience
One of the primary benefits of virtual mediation is the increased flexibility and convenience it offers to all parties involved. With online mediation, participants can attend sessions from any location, provided they have access to a stable internet connection and a device with video conferencing capabilities. This eliminates the need for travel, accommodation, and other logistical expenses, making the mediation process more affordable and accessible.
Easier Scheduling
Kenyan politician and IMA-trained mediator, Zaddy Sang, shared one very practical benefit of virtual mediation: it reduces logistical expenses and time involved in setting up and getting to the mediation itself. As a member of the Peace Warriors Organization, Zaddy was among those leaders who could mediate across Kenya even during the peak of Covid-19. Virtual mediation allows for easier scheduling of sessions, as parties do not need to coordinate physical locations or travel arrangements. This can be particularly beneficial for busy professionals or individuals who may have difficulty taking time off from work to attend in-person mediation sessions. Moreover, virtual mediation often allows for shorter sessions spread over multiple days, making it easier for participants to fit mediation into their schedules.
Reduced Travel Expenses
Val Speltz, an IMA Master Mediator who supports families transitioning from military to civilian life, adds one more bonus of virtual mediation: savings on travel. Speltz explains, "We live in a very fast transit world nowadays. A conflict may arise while traveling for a vacation and knowing that it can be addressed via Zoom vs taking the time off/cost of returning to the area of impact helps with other stressors in life." In other words, it is far more convenient for the parties.
By eliminating the need for travel, virtual mediation significantly reduces the overall cost of the mediation process. Parties no longer have to worry about expenses related to transportation, accommodation, and meals, allowing them to focus their resources on reaching a fair and mutually beneficial resolution.
2. Enhanced Safety and Comfort
Another major advantage of virtual mediation is the enhanced safety and comfort it provides to participants. Online mediation allows parties to engage in the process from the comfort of their homes or offices, reducing the anxiety and tension often associated with in-person mediation sessions.
No-Contact Environment
One IMA-trained mediator, Stacy Wright, asserts that virtual mediation offers parties the opportunity to feel safe by opting for a "no-contact" environment. Val Speltz agrees, adding that the safety of virtual mediation includes enabling parties to feel like there are healthy boundaries. This can be particularly useful if the parties feel anxious about being in the same room with another disputant. While we believe conflict engagement is necessary for peaceful resolutions, virtual mediation can be beneficial in cases involving high levels of conflict, trauma or emotional distress, as it reduces the likelihood of intimidation, aggression, or other potentially volatile interactions between disputants.
Familiar Surroundings
Typically mediation is held in a “neutral” location, however, Speltz asserts that virtual offers a superior alternative, by enabling parties to remain in their respective environments. "Often people have anxiety [about issues] that are not openly addressed, so being done in a familiar environment setting assists in their mental wellbeing." Virtual mediation can help people feel calmer, in control of their emotions and more rational in their decision-making processes. This sense of comfort and familiarity can also foster open communication and a willingness to engage in meaningful discussions, increasing the chances of a successful resolution.
3. Broader Access to Mediators and Services
Virtual mediation expands the pool of available mediators and services, allowing parties to find the best fit for their specific needs and preferences. With online mediation, participants are no longer limited to local mediators and can access a diverse range of professionals with varying areas of expertise.
Diverse Mediator Selection
By removing geographical barriers, virtual mediation enables parties to choose from a wider range of mediators, increasing the likelihood of finding a professional with the specific skills and experience needed to address their unique dispute. This also opens up opportunities for selecting more diverse mediators, promoting inclusivity, understanding and representation in the mediation process.
Access to Specialized Services
In addition to expanding the pool of available mediators, virtual mediation also provides access to specialized services that may not be available locally. For example, parties may be able to access language interpreters, subject matter experts, or other support services that can enhance the mediation process and promote a more successful outcome.
4. Improved Communication and Engagement
Online mediation platforms often include tools and features that facilitate better communication and engagement between parties. Video conferencing, virtual white boards, screen sharing, and real-time chat functions can enhance the flow of information and promote a more collaborative approach to dispute resolution.
Visual Aids and Document Sharing
The ability to share documents, images, and other visual aids during virtual mediation sessions can improve communication and understanding between parties. Screen sharing allows participants to easily reference and discuss relevant information, while real-time chat functions enable quick and efficient exchanges of ideas and proposals.
Level Playing Field
Virtual mediation can create a more level playing field between disputants, as it reduces the impact of dominant personalities, aggressive tactics, or other factors that can hinder open communication and collaboration. The mediator should ensure each party knows the mediator’s protocols and how to use the online platform. By equalizing the participants' ability to contribute and engage in the process, virtual mediation may lead to the parties feeling as though they can reach more balanced, equitable and fair outcomes.
5. Privacy and Confidentiality
Maintaining privacy and confidentiality is an important aspect of the mediation process, and virtual mediation offers several features that can help protect sensitive information and maintain the integrity of the proceedings.
Secure Platforms
Online mediation platforms typically include security measures such as encryption, password protection, and access controls, ensuring that only authorized individuals can participate in the mediation sessions and access shared documents. Mediators can communicate their security protocols from the outset of the mediation.
Recording Restrictions
Most virtual mediation platforms prohibit the recording of sessions, helping to maintain the confidentiality and privacy of the discussions. This can also encourage more open and honest communication between parties, as they can feel confident that their statements and proposals will remain confidential.
Normalizing Virtual Mediation Today
The benefits of virtual mediation are numerous, ranging from increased flexibility and convenience to enhanced safety and comfort for participants. We recognize that not all parties are comfortable with virtual mediation. It is also not the same experience as being in the same room together. Technology has enabled mediators to connect parties in ways we never imagined even a few years ago.
As technology continues to advance, it is likely that virtual mediation will become an increasingly popular option for parties seeking to resolve disputes in a cost-effective, efficient, and collaborative manner. At IMA, our own use of technology has evolved over the past couple decades, to the point where we have not only incorporated it, but also normalized it through our asynchronous training of mediators across the globe. By embracing the advantages and opportunities offered by virtual mediation, parties can work together to achieve mutually beneficial resolutions to even the most complex and challenging conflicts, whether they are local or global.
How will you advance the use of technology in conflict engagement?
