With the advent of technology, a great part of everyday life has been modified, and so has the law. Perhaps in family law, one of the biggest adjustments is the advent of online mediation. What was previously a specialist solution, online mediation became the norm when the world pandemic hit and, since then, has been a choice that works and is actually most often the default method of working out family conflict. But what if virtual mediation does as well as sitting face to face?
The Promise of Accessibility and Convenience
Possibly the most compelling argument for virtual mediation is its unmatched accessibility and convenience. Divorcing parents or parents in conflict over child custody tend to face insurmountable challenges in the form of geographical distance. Parties reside in different cities, states, or even countries, where in-person interaction becomes logistically difficult, expensive, and time-consuming.
Virtual mediation frees participants from the requirement of traveling as they can participate from the comfort and privacy of their home’s or office’s confines. Virtual mediation also exceeds scheduling in that mediators and parties stand a better chance of finding times to convene without necessarily being bound by place.
Furthermore, for those who are nervous or world-weary of the seriousness of a conventional mediation suite, being in familiar surroundings can lead to an increased level of relaxation and openness. Such tension reduction can optimize the impact of negotiations, as disputants feel at ease to communicate and engage with the process.
Avoiding the Pitfalls of the Virtual Environment
Though it has advantages, virtual mediation also faces challenges. Foremost among these is with technology. A functional internet, sufficient equipment, and basic technological familiarity are required to conduct smooth virtual sessions. Technical hiccups, bad sound, or video interference can hinder communication and disrupt the course of mediation. Though the majority of programs are easy to use nowadays, minor familiarity with video conferencing software is handy.
Effectiveness and Success Rates
Online mediation’s success also depends in great measure on the specific facts of the case and the willingness of the parties to work with the process. Some extremely adversarial or complex cases, especially those with a gross imbalance of power or violence in the relationship, may still be better suited to resolution through direct contact, but many family conflicts are ideally suited to the online environment.
Anecdotal data and early experience suggest that virtual mediation can equal face-to-face mediation success rates. For example, recent figures in some jurisdictions are showing very high overall success rates for virtual family mediations of 70% to 80%, and the great majority coming to agreement on a full or part basis. Lower stress levels, increased convenience, and potential cost savings more frequently bring about an increased more co-operative and receptive frame of mind among parties.
Conclusion
Online family law mediation has also been an amazingly useful tool, giving unequivocally positive results in terms of efficiency, user-friendliness, and even expense. There are no doubt some inevitable problems with technology and the nuances of non-verbal communication, but these are largely overcome with experienced mediators and co-operative clients.
