The COVID-19 pandemic compelled courthouses to close their doors and prompted mediators to facilitate resolution of disputes in a virtual space. As a result, the use of online processes accelerated exponentially. Virtual mediation, with a human mediator, parties and lawyers participating on a zoom or other platform, became an appealing alternative to traditional methods of dispute resolution. Despite the necessity of virtual replacements to in-person dispute resolution processes, many practitioners were skeptical about their ability to shift to virtual mediation practice. Technological barriers were only one concern. Mediators feared that the absence of in-person interactions would negatively impact mediation processes and outcomes. Fortunately, however, virtual mediation proved to be an efficient and effective alternative to in-person mediation.
As the pandemic subsides, surveys demonstrate that mediators believe virtual mediation should continue as a common, or even presumptive, dispute resolution alternative. Practitioners value the effectiveness and flexibility that virtual mediation offers. Indeed, mediators and disputants discovered that virtual mediation tends to be less expensive, more accessible, and as equitable in process and results as traditional, in-person, mediation. As we emerge from the worldwide COVID-19 pandemic, it is time to add a new door to the multi-door courthouse and declare that the presumptive dispute resolution process is virtual mediation.