Mediation involves a formal dispute resolution process that uses a third party to help mediate between two parties. The purpose of the process is to save the time and expense of a full trial by courts, businesses, and individuals. In the past few years, mediation has evolved in the tech world. Now, video conferencing is an option for the “other side” being in the same room. Real disputes are settled in both formats every week, throughout central Oklahoma. In this post, our Oklahoma City civil and business mediation team outlines the differences between mediation online and in person. We also give information about which format proves to be optimal for specific kinds of conflicts.
What is Mediation and How Does Mediation Work?
Mediation is a process with a trained mediator who enters the process to facilitate a meeting between two parties who are in conflict. This mediator will not be the one who will make a decision. Rather, the mediator facilitates a compromise between the two parties.
Each session begins with a statement by each party. The mediator then frequently leads the parties to separate rooms (caucus sessions) for private meetings with the mediator. This allows both parties to exchange their views freely without the other side influencing them. After this one initial private discussion, many conflicts lose a good deal of their initial heat.
There are civil and business mediators, dealing with any conflict that starts from contract issues to partnership breakdowns. In Oklahoma City, family businesses, construction companies, and regular neighbors all utilize mediation services. Usually, at the end of each of these sessions, the two parties sign a written settlement agreement.
Two Norman business partners recently brought their dispute over common equipment to a mediator to clear up the issue. This made both sides feel frustrated with the ongoing tension that had taken place for months. Just one 3-hour session yielded a written agreement, neither side thought was going to happen that early.
The difference between Remote and In-Person Mediation?
ROOM is Online mediation, which takes place using a video conferencing system rather than in a mediation room. Every party enters from their own place – usually a home or office. A mediator still runs the session continuously, bringing participants to private virtual breakout rooms when required.
A mediation in person will involve everyone being in the same building, typically in different rooms. The parties are face-to-face with the mediator during the session. Many lawyers still like to have this traditional form of presentation in their heavy and emotional cases.
The mediation process is the same whether in written or oral format. The format only changes how communication happens, not the process itself. The controversy type and participants are important factors for selecting the correct format.
There’s no guarantee that either format on its own will make a better outcome. A good mediator will tailor his methodology to the format(s) the parties select. The format of a mediation is a non-variable; the key focus is on the mediation skill of the mediator.
What are the advantages of Online Mediation?
There are definite benefits to using remote mediation for a wide variety of conflicts. Here are 4 of the most common benefits that our clients cite.
Convenience and Flexibility
By eliminating travel time, remote online mediation is an ideal mode of mediation. Norman people can attend a meeting via the Internet from a business owner. This can often result in quicker scheduling and fewer canceled sessions.
Participants enter from a comfortable and familiar environment, too. Certain individuals discover this mode minimizes nervousness throughout an anxious discussion. This comfort can result in a more productive discussion as a whole.
Lower Costs
Using the remote session, you can save travel costs and time away from the job. Parties no longer need to take an entire day off of work for one mediation. This would be a significant amount for any company having multiple conflicts.
Mediators also help to avoid the venue fee for conducting mediation remotely. Some companies offer discounts to their clients for these savings in the form of reduced session rates. Small businesses are concerned with the costs because it is important for a small business to solve a dispute with a cost-conscious approach.
More people involved with Specialised mediators
A remote format will allow a client to utilize specialized mediators outside the client’s immediate area. A mediator with industry expertise may be advantageous for business conflicts concerning a particular industry. Now, clients no longer face restrictions on which mediator they select based on location.
The flexibility is beneficial for rural clients as well. Business owners close to Edmond can access specially trained mediators just as easily as those in downtown Oklahoma City. There’s no geographic barrier at all when using remote technology.
Once, a mediator had to have a strong technical background to deal with a construction dispute where the terms of the contract were highly technical. We arranged for one of our people to find a professional outside the immediate zone area. This specialized knowledge proved very helpful to achieve a just result.
Faster Scheduling
Remote sessions typically get booked up quicker than in-person sessions. There’s no need for anyone to book an office for a meeting or make travel arrangements. Sometimes a mediator can provide an opening on a matter within days as opposed to weeks.
When it’s a disagreement that is likely to jeopardize a continuing business relationship, faster scheduling is crucial. Quick resolution means that no one has to endure racked-up legal costs on both sides. Many companies opt for this option because of speed alone.
What are the downsides of Online Mediation?
There are also definite disadvantages to remote mediation to consider.
Technology Issues
This can happen if the internet connection isn’t working well and can ruin a productive time. Cutting out of the video or audio when it is happening slows down the flow of a sensitive conversation. Older participants also have problems with video conferencing software that they may not have used.
All of our mediators conduct a technology check prior to the session. This action will help to resolve most issues prior to the mediation itself. Still, with the remote formats, there’s a possibility of some outage mid-session.
Occasionally, rural customers close to either Norman or Edmond may experience slower Internet speeds. We suggest using a backup phone for these situations. Allows a session to proceed in the event the video fails, even for a short period.
Sometimes it is not easy to read body language.
A screen restricts the mediator from seeing his/her body language. More subtle cues, such as a change of body position or a quick glance, are less noticeable from the camera. This can make it more difficult for a mediator to pick up on the tension in the room.
When you meet someone in person, it’s often easy to pick up more than you can in the written word. An effective mediator uses these visual cues to help direct the discussion. This is useful information that is lost in the remote formats, although not eliminated.
Confidentiality Concerns
There is an implicit trust with a remote session that there is no other person sitting close by eavesdropping. The ability to get a completely private space varies across some of the people working at home. This is an issue in critical business or family conflicts.
This is tackled head-on at the beginning of each of our remote sessions with our mediators. We request each person to verify that they are in a private and secure place. This will safeguard the confidentiality that each mediation session needs.
What are the benefits of mediation services to be performed face to face?
There are still definite benefits to having an in-person mediation in some cases.
Stronger Personal Connection
Face-to-face interactions can help to establish a more trusting relationship as opposed to a video call. The presence of the participants makes things more serious and is very effective for certain participants. This link can push a mired negotiation more successfully forward.
When people meet in person, they convey body language and tone clearly. A mediator is able to interact with these signals, naturally, in real-time conversation. The speedy feedback is often the catalyst for getting to the resolution sooner.
Many important business relationships are still based on handshakes and eye contact. This is the only reason why some Oklahoma business owners specifically request in-person sessions. That personal touch rebuilds trust quicker than any video call can.
Better Handling of emotional situations
Sometimes an in-person environment is useful to help resolve highly emotional issues. A mediator can step in quickly and defuse the tension right there in the same room. This is one of the things that is difficult to reproduce on the screen.
Disputes between family members and divorce between partners in business bring a large amount of emotion to the issue. An experienced mediator in person handles this best. There are more tools available to offer the mediator if – and only if – the parties are physically present.
Recently I’ve read about a family business dispute about two siblings who didn’t talk to one another for months. An experienced mediator placed them in the same room and opened an unexpected conversation between the siblings. The mediator was able to read the room and adjust in real-time, which is how that breakthrough moment came about.
Fewer Distractions
In-person sessions eliminate distractions of the home/office environment. No interruptions from e-mail, phone calls, or family time occur. This environment usually proves more effective for holding the session and makes the overall session more productive.
Having a specific meeting area is also an indication of seriousness for both. When there is a break from the daily hustle and bustle, participants are able to dedicate themselves entirely to the problem of resolving the dispute. That commitment frequently makes for a quicker entire mediation.
What are the drawbacks to in-person Mediation?
Face-to-face mediation also has its drawbacks.
The travel time and cost represent the average of the two.
Physical ride to locations = time away from work and/or daily activities. An Edmond business owner may be spending an hour or more to travel to and from a session. This will cost more and matters for small companies where they have to look at the cost of each operation.
This costs a lot of money if you have several sessions. If there’s a disagreement, they have to come to meet a few times before the matter is settled; hence, it’s three or four trips. By using remote mediation, you can completely eliminate this recurring cost.
Everything from parking, fuel, and loss of hours of work can add up from session to session. This expense is felt the most by the small business owner who must deal with pressures of limited time. Scheduling difficulties often make it cheaper for smaller businesses to go the route of a remote job.
Scheduling Challenges
There is more planning that needs to go into coordinating a session in person. No one should book anything in their calendar – just for travel time, not for a meeting! The added complexity sometimes forces a session to be postponed several weeks.
The availability of venues is another challenge. During busy times at a popular mediation office, they may have a calendar full of mediations months ahead of time. This is generally not an issue with remote sessions.
Which Choice is Appropriate for Your Case?
The type of dispute that occurred determines the format, and the parties should agree on it together. A simple business situation where both parties need only consider numbers and terms may work fine remotely. An in-person session may be helpful with highly emotional conflicts.
Don’t neglect to think about the relationship between the parties. If you and your business partners need to continue working together, it may be helpful to have an in-person discussion. Parties that do not have a significant amount of contact going forward may opt for a remote session.
In Oklahoma City, our mediators in civil and business situations frequently suggest a blended technique for complicated situations. For efficiency, some sessions take place in a remote location, and for impact, important moments take place face-to-face. This can enable clients to receive the best of both kinds of formats.
A partnership dispute recently put this blended approach to work. For the sake of saving time, early document review sessions took place remotely. The mediator then brought the concluding negotiations face-to-face, where full engagement in the room was necessary to address the emotional aspect.
How do Oklahoma City civil and business mediators decide on which is the best format?
Before mediators suggest a format, they reflect on a number of factors. These range from the complexity of the issue, the “heat” of the emotions of each party, and each party’s familiarity with tech.
An Oklahoma City mediator also takes into account logistics such as distance and scheduling requirements. Some clients in Norman or Edmond may choose remote sessions, just to avoid the added time of traveling. An OKC mediator balances these pragmatic considerations against the emotional aspects of the case.
A format recommendation is provided for each case based on its particular situation. There is no one single format which is best for all disputes. The most important asset a mediator possesses is his/her flexibility. It is that flexibility that is oftentimes more important than any one technical skill.
Qualities to Research in a Mediator in Your Region.
Get a mediator who has experience in the type of problem you have. Having contract specialists available in an Oklahoma City business mediation case can be of great benefit. This experience is of much more importance in a commercial dispute than mediation experience per se.
Inquire about a mediator’s availability to conduct mediation remotely and in person. It’s important to note that flexibility is important, and what might be required in one case may vary in a different case. Looking for a mediator near me should result in the mediator that is familiar with both formats.
Response time is also an issue. A mediator with a quick turnaround on answering questions during the scheduling process is likely to articulate as clearly during the mediation. That “early responsiveness” provides a good indication of what’s to come.
Research and request references prior to hiring a mediator. The mediator should be able to furnish a Norman OK mediator, or a mediator in Edmond OK, with good examples of successful mediations that they have moderated in the past. That’s an excellent track record that can give a person confidence while in a tough negotiation.
Frequently Asked Questions about Mediation – In Person or by Video
1. Does mediation over the phone have the same effect as in-person mediation?
Yes, a settlement agreement, signed after a remote mediation, has the same legal effect as an agreement signed in person. Enforceability will not be affected by the format.
2. Do case switches happen in the middle of a case?
Yes, many mediators will accept an alternation of formats if one is not working well. In some instances, they even begin far away and conclude with an actual meeting to sign off on.
3. Mediate With Professional Civil & Business Mediators in Oklahoma City
The decision on whether to go with a remote mediation or in-person mediation likely depends on your needs. Our Oklahoma City civil and business mediators provide both types of mediation. We also have the experience to make a recommendation for the best for your case. That’s the same resolve for a fair and effective resolution that clients in Oklahoma City, Norman, and Edmond trust. Not all conflicts should be treated the same way with regard to format recommendations.
Have our team help you with resolving a civil or business dispute today. You will be assisted in selecting the mediation format that will provide your case with the best opportunity for a fair mediation.
