Since the COVID-19 pandemic arrived, civil trials largely have come to a halt. The courts are beginning to conduct some trials in person and some remotely, but there is no question that it will be some time before the courts will be running like they did before the pandemic. In the meantime, remote mediations have been born of necessity. If our clients are going to have a chance to resolve their cases during this time, remote mediations will be an important tool used by the courts and trial lawyers to keep their dockets moving.

Last month, I hosted our second Lawyers Roundtable via Zoom, titled “Remote Mediation: Pros, Cons, and Should We Just Wait ‘Til This Is All Over?” with a panel of six mediators and trial lawyers, including my law partner, Jay Old, and this month I moderated a Texas General Counsel Forum panel discussion with two mediators, two in-house counsel and my law partner, Courtney Ervin, titled “Remote Mediation: Strategies, Technology and the State of the Practice.”  This article recounts the participants’ comments and suggestions along with some of my observations about mediation generally and the remote mediation process.

Remote Mediation: Where We Are