Better on Zoom: Attorneys Are Creating Strategies to Aid Videoconferencing in Mediation

Thursday, November 18, 2021

Susan Eisenberg was quoted in the Daily Business Review discussing using zoom for mediation. Susan sees one problem in reaching settlements under the virtual process. “Getting the DocuSign by attorneys and clients was a hurdle we had to overcome in the beginning. Now I put it in my pre-mediation agreements. I think everybody liked the Zoom mediation and we’re continuing to do them even as we go back to work,” she said. “I think there are opportunities for the parties to realize that they can have effective mediation earlier than the close of discovery which cuts down on costs on both sides. I believe people are finding that rather than waiting until the end of discovery, they can do it early on. And if it doesn’t settle then they have the option of doing it again.” But she believes mediations run smoother and settle faster on Zoom, because parties no longer need to travel. “As the mediator, I’m getting the real decision makers to make themselves available, because all they have to do is go in their office and turn on the camera, as opposed to traveling day one, sitting in mediation on day two and traveling day three,” she said. “I think they’re easier to schedule, because you don’t have the travel time or renting the room costs, that go along with doing it in person. Therefore, defendants have more money to put on the table.”

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