Divorce Mediation

Should You Conduct Your Divorce Mediation By Videoconference?

September 15, 2020

While many courts have reopened for at least some purposes, most hearings are still being held remotely. One option to move your divorce case forward in the current situation is to mediate using videoconference technology, such as Zoom.

Boston family law attorney Andrea Nelson recently published a valuable list of the pros and cons of mediating a divorce matter by videoconference.

1- Find out which format of mediation the mediator intends to use. Some mediators prefer a single mediation session where the parties can be separated from one another into virtual “breakout” rooms for separate discussions. Other mediators prefer to conduct a series of sessions over a period of days or weeks.

2- Think about the costs. And not just the mediator’s fee. Videoconference mediations eliminate travel costs and travel time. A series of sessions may cost less as lawyers are not billing for time the mediator spends speaking exclusively with the other party.

3- Consider the intangible differences between in-person and virtual mediation. The effort involved in everyone getting together in the same room may increase the shared motivation to settle.

4- Protect your private communications. Media reports about Zoom security problems are likely overblown. But parties should still be vigilant. Nelson recommends using a separate telephone line for attorney-client communications rather than speaking inside of an unmuted virtual breakout room.

Videoconference divorce mediation isn’t always the best option, but has some very clear advantages. It very often may be the best way to move your divorce forward in these trying times.

Read Andrea Nelson’s full post for more information and additional details.

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