5 Questions Attorneys Should Ask Themselves When Setting the Stage for Online Mediation

A key step in preparing for any mediation is thinking about and arranging the physical space.  The importance of this step is not diminished in online mediations.  Thinking about the “space” in online mediations is critical to engaging the parties, supporting them in getting off to a positive start, and creating opportunities for agreement.

If you are an attorney, representing clients in an online mediation, here are 5 questions to ask yourself as you prepare the virtual space for you and your client to have a successful mediation experience.  While there are many other factors to consider, asking these questions will get you off to a good start in planning for a successful online mediation.

  1. Does your client have a secure internet connection from which he/she can participate remotely?
  2. Do you know who else will be in the same physical location as your client and/or have access to that location during the mediation?
  3. Have you informed the mediator and opposing counsel that others will, or might, be present?
  4. Have you discussed confidentiality and rules prohibiting the recording of online mediations?
  5. Will your client need more than one virtual breakout room, e.g., a breakout room for a support person who is not in the same physical location?

Please share your answers with us at [email protected].  Don’t wait, mediate.