As a Mediator, I have repeatedly witnessed the transformative impact that confidential, separate, pre-mediation video conferences with counsel can have on the mediation process. Here are a few reasons why these sessions are of benefit:
Enhancing Clarity and Preparation
Once briefs have been submitted, these conferences offer legal counsel the opportunity to clarify their clients' positions, identify key issues, and set realistic expectations. This thorough preparation ensures that all parties are equipped to engage in meaningful discussions on the mediation day.
Building Trust
Trust is the cornerstone of effective mediation. Pre-mediation videoconferences allow for the establishment of trust between the mediator and legal counsel early on, fostering open communication and a cooperative spirit, both of which are critical for successful outcomes.
Crafting a Strategic Approach
Each dispute is unique, with its own set of complexities. Pre-mediation conferences provide a platform for the mediator and legal counsel to collaboratively develop a strategic approach to the mediation tailored to the case’s specific needs and dynamics, including potential timing issues and the optimal use of time during the mediation.
Early Identification of Obstacles
Discussing potential legal challenges, personality issues, and other obstacles with the mediator beforehand enables legal counsel to work proactively to address and mitigate these issues. This foresight ensures a smoother and more efficient mediation process.
Uncovering Underlying Interests
Through pre-mediation discussions, the mediator and legal counsel can begin to go beyond the immediate issues in dispute and explore underlying interests that may be driving the dispute and/or that may provide potential pathways to resolution.
Setting a Collaborative Tone
The tone set during the pre-mediation conference often carries into the mediation itself. Establishing a collaborative, solution-focused attitude early on can significantly enhance the likelihood of having a productive mediation.
Addressing Technical Issues
In the world of on-line mediation, the smooth operation of videoconferencing technology is crucial. Pre-mediation videoconferences provide an opportunity to troubleshoot and resolve any technical issues in advance. This includes checking internet connectivity, ensuring proper functioning of audio and video equipment, and familiarizing counsel with the videoconferencing platform. Addressing these technical aspects beforehand ensures that the actual mediation session can proceed without unnecessary interruptions or delays.
Conclusion
Pre-mediation videoconferences are a powerful tool for enhancing the success and efficiency of the mediation process. By prioritizing preparation, collaboration, and strategic thinking, and by addressing potential technical issues in advance, legal counsel can achieve better outcomes for their clients and contribute to a more effective mediation process.
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