Mediation As The Pandemic Eases

Vaccination looks like an unqualified success.  Effective treatment options have been identified, too.  We should be moving in the direction of getting back to normal  life, or whatever normal life now is going to look like.

Variants (mutations) are the main worry.  So far, the vaccines work on all of them.  But the explosion of new cases in the developing world will generate more variants.  Eventually, one may appear that vaccination cannot protect against.  Existing vaccines can be modified in 6-8 weeks, but after new clinical trials and a new round of vaccinations, that could mean 4-6 months that look a lot like 2020.  And we don’t have a great record for strict compliance with CDC recommendations.

Which leaves us . . . . where?

First, for the time being, I’m continuing to conduct mediations (and arbitration hearings) only remotely, via Zoom.  Second, I’ve started limiting the number of mediations I do and to use some of that time to figure out ways to make the process work better.

The question is: how do we take full advantage of the flexibility remote mediation allows? Shorter meetings, sometimes not all on one day?  Can we figure out when people are really ready to negotiate, or use the process to ensure that they are?  Can we quickly narrow the discussion to just the decisive points?  How can we only use participants’ time when it’s really needed?  I’d love to hear any ideas you have—send me an e-mail message with any thoughts you have.

Licensed to practice law in Illinois and Pennsylvania.

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