Remote Mediation -
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National Dispute Resolution has pioneered the use of remote mediation. Our research has shown that it has higher settlement rates than face to face sessions and that clients prefer not having to travel to mediation venues. It is particularly popular due to the reduced cost and the lessened impact to parties schedules.
What is remote mediation?
Remote mediation is a mediation session where some or all of the parties are in different venues to each other. It is delivered through the use of technology including video calling and screen sharing. National Dispute Resolution uses a variety of service providers, including Zoom, Microsoft Teams, Skype and Cisco to meet our clients needs.
Remote mediation has been shown to be more effective than face to face mediation with higher settlement rates and client satisfaction, one concern raised was that emotive disputes would be less suitable for remote mediation. However, this was tested on the mediation pilot for the Office of the Public Guardian where the settlement rate was higher than the face to face sessions delivered (both over 85% settlement rate).
Remote mediation is just as confidential as face to face sessions with considerable care taken to ensure compliance with relevant legislation such as GDPR and US-EU Privacy shield etc. Agreements reached in remote mediation can be signed and those signatures are accepted as legally binding by the courts.
Many of National Dispute Resolutions mediators are trained in the delivery of remote mediation, this is essential as the mediator must be aware and trained in the unique aspects of remote mediation sessions.
An example of a remote mediation
We were instructed on a complex dispute that involved 3 parties involved in a complex matter over the future of a trust on a high value farm (in excess of £6,000,000). The 3 parties were appointed jointly under a Lasting Power of Attorney.
The parties lived in the USA, UK and Saudi Arabia. As such it would have been difficult to arrange a mutually convenient venue due to the distance between parties and their busy schedules, the session was therefore arranged by remote mediation.
Each party took part and the session ran smoothly, the party in the USA was concerned that they would not be able to join due to their rural location and limited internet connection. However, the software used required minimal bandwith and no difficulties where experienced. Indeed the session settled and remains resolved 2 years later.
Our fee is just £599 inclusive
We use specialist software that can be run on any smartphone, tablet, or laptop that integrates with our video conferencing equipment that is both high tech and frankly expensive.
Even with a smartphone you will be able to view all the parties present, share and receive documents and sign agreements.
We have run successful sessions on 3g. This has included parties joining from the highlands where internet service and phone reception is limited. No problems were encountered due to the low bandwidth requirements of the software.
Most lay clients have told us that they prefer remote mediation. Common comments have included that it is silly that they are required to attend face to face sessions considering the technology available.
Overall 99% of clients have provided positive feedback in relation to mediation sessions delivered in this format
We would reccommend that you;
Keep the number of people in the room to a minimum and identify everyone to the mediator so that they are included on the mediation agreement
Make sure you have a reliable and stable internet connection, ideally using a wired connection but 3g is suitable.
Make yourself comfortable, have everything to hand that you will need.
Prepare in the same way as “face to face” mediations, prepare a bundle of key documents in advance, and talk through any concerns with the mediator in advance
The mediator will work between the parties in the usual way, having conversations with each party to facilitate an agreement between the parties.
A joint session hosting all parties to the mediation can take place if necessary however if not necessary the mediation can commence straight away with focused conversations with the individual parties.
Parties will be able to take breaks in between conversations with the mediator but should remain close to their computer or telephone so that they can communicate with the mediator as soon as possible.
Any agreement reached can be signed electronically
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