Before the invention of Covid-19, face-to-face Mediation in Aberdeen was the standard practise. The pandemic then occurred, and at that point, remote mediation became the dominant practise. Now that the constraints imposed during the lockdown are beginning to be eased, there is a chance for a mixed strategy that offers the advantages of both approaches.
We are aware that face-to-face mediation is effective. And we are aware that remote Mediation Aberdeen may be successful. Then why not combine the two approaches to create the most adaptable kind of Mediation Aberdeen possible? In a recent case that I mediated, the company solicitor and one of the company directors physically attended at a venue in London, while the other two company directors joined us on Zoom from Los Angeles. Despite the fact that it was 2 in the morning for them, they didn’t seem to mind that they were sleep deprived for the most part.
The use of Blended Mediation Aberdeen is not limited to disagreements between multi-national corporations; rather, it may be utilised for a wide variety of mix-and-match scenarios. It is possible for one party to attend the mediation in person while the other side participates virtually through the use of Zoom. Or, there may be a combination of in-person and remote participation from different members of the parties involved. For instance, the in-house lawyer could be physically present while the financial director joined virtually. When barristers are involved in the Mediation Aberdeen process, it is possible for the client and the solicitor to be present in person while the barrister attends the mediation from a remote location. This can be very helpful in situations where there isn’t a joint opening session and the barrister is only needed at the end of the mediation to draught the settlement agreement.
Advantages of using a hybrid kind of mediation
Utilizing remote mediation as part of a combined strategy brings with it a number of clear benefits. a decrease in the total amount of time spent travelling or the fees incurred to do so, in addition to a sizeable financial and environmental benefit that results from removing automobiles, trains, and aeroplanes from the equation for certain people. In addition, it takes less time to set up blended mediations. When one or more members of the party join remotely, there is less back and forth to do in order to synchronise schedules and come to an agreement on the location.
There is also the consideration of how efficiently time is used. With remote attendance, the parties won’t have to wait around while the settlement agreement is being drafted. Once an agreement in principle has been reached, a WhatsApp message can be sent to let them know when the agreement is ready to be signed. This eliminates the need for the parties to wait around. Equally, while staying devoted to the task at hand, attorneys have the ability to put themselves on mute in the event that an urgent situation pertaining to another client arises during a period of “downtime” while the mediator is engaged in conversation with the opposing side.
The integrated Mediation Aberdeen method may prove to be very helpful while we are still working our way out of Covid-19. For instance, I can envision it being utilised in conflicts concerning multi-generational family businesses as well as contentious probate cases in which the older parties involved – whether they are protecting themselves or are still being cautious – would rather not mediate the situation in person. And in situations in which the parties are located in separate countries, remote mediation would undoubtedly be appreciated if it prevented the need for plane travel and quarantine requirements at hotels.
In passing, I’m curious about how the courts in England could treat a refusal to participate in a mixed Mediation Aberdeen session. Would the invocation of Covid constitute an unreasonable refusal, and will this in turn result in the imposition of financial sanctions? I believe that to be the case.
The ability to customise one’s order
Blended mediation, like any other novel and untested practise, may need some initial adjustment period. When one side is fully distant and the other party is mediating entirely in person, I can see how there may be worries about the neutrality of the mediator. Attendees who are not physically there may be concerned that the mediator will not spend as much time with them or that they will not receive the same degree of empathy and trust as those who are present in person.
In response to this, I would reply that objectivity is inextricably linked to the role of a mediator. There is no need to worry about the mediator’s objectivity being tainted because they are skilled at developing rapport, and their comfort with Zoom and other video conferencing technologies removes any possibility of bias on their behalf. IPOS offers participants who will be joining a Mediation Aberdeen remotely a helpful and complimentary walk-through on the video conferencing platform Zoom. It is an excellent approach for distant participants to get a sense of the mediator and to assuage any fears they may have about being treated differently than in-person attendees. In part, it is a familiarisation exercise on how the platform works, and it is also a nice opportunity to get acquainted with the platform. People who will be present in person at the event can participate in the same activities as those joining remotely, and they can also observe what those people will go through on the day of the event by receiving this information separately, if desired. (I’m taking my personal motto, which is “getting people to view things from the other’s perspective,” very seriously).
Even when the constraints imposed by Covid have been loosened, there is still the possibility that some parties will intentionally opt to resolve the dispute wholly afar. They could feel less apprehensive than if they were at the Mediation Aberdeen in person, or they might just enjoy the convenience and familiarity of being at their own home or workplace rather than at a venue. They are also in charge of the mute button, so if they need a moment to collect their thoughts, they may make a cup of tea or step outside into the garden and get some fresh air if they want to feel more in charge.
Blended Mediation Aberdeen gives participants the option of participating remotely or in person, giving them the freedom to choose how and where they wish to participate in the process. And since there are so many different alternatives to choose from, blended mediation is suitable for all different sorts of disagreements, whether they are huge or little, national or international. In the wake of the COVID report, I believe that Blended Mediation Aberdeen may become a more permanent form of dispute resolution in the UK.