In March 2020, when our world stopped due to COVID-19 and we were no longer able to conduct in-person mediations, we wondered whether mediations would continue at all during the pandemic and, if so, whether parties would agree to mediate virtually. More than a year and a half later, it is evident that not only have virtual mediations been extremely successful, but there have also been some positive unintended consequences of virtual hearings.

Once virtual mediations commenced, it became clear quickly that there were some positive aspects of using virtual platforms. Most evident was that participants did not have to travel. Additionally, case managers did not have to schedule “hard stops” after eight or ten hours to accommodate someone who needed to catch a plane or train home. Eliminating travel also made it possible for all participants to be available for the duration of a mediation, allowing the process to play out without interruption. Parties also realized that they could use mediators from different parts of the country without incurring hotel and travel expenses, expanding the roster of mediators substantially.