Access To Justice – Virtual Mediation

covid-19 message from Marc Diller

attorney provides access to justice in virmtual mediation As we continue to navigate through the unknown territory of court shutdowns and the Pandemic, access to justice for our clients remains the priority at DILLER LAW. Our attorneys have continued to move cases along by using new virtual methods that ensure clients do not get left behind.

Mediation is an alternative dispute resolution methodology. A hired independent and objective mediator will go back and forth between the two sides to bridge the gap between demand and offer. The mediator (a judge, a private lawyer, or a trained mediator) acts as a conduit to see if the sides can come to an agreement. The two sides are invested in trying to see if they can close the gap in order to resolve the case.

Mediation can be a helpful process for both sides to learn what the other side expects. It helps give clarity regarding why the opposing party sees the case differently. Typically, decision-makers should be present at the mediation. By doing so, those with vested interests in the outcome understand the consequences of accepting or rejecting offers.

Pre-pandemic, mediations occurred in-person. Since the pandemic, Zoom mediations became the norm. The attorneys at DILLER LAW have attended numerous Zoom mediations since March. Attorney Marc Diller has participated in more than six (6) Zoom mediations since March. Last week, Diller helped a client whose justice was delayed because her trial was pushed off when the courts shut down. Since the pandemic, Diller has participated in numerous mediations where cases resolved for six and seven-figure settlements.

Diller now prefers virtual mediations to in-person mediations. They are effective because people can set them up more easily. Also, decision-makers can attend without hassle because traveling is no longer necessary. One struggle; however, is that some people are not as mentally present and engaged as they would be at an in-person event.

With the courts closed, Zoom mediations have been a useful tool for helping deliver clients justice and a fair resolution. If all parties are willing to mediate, it can be effective because it brings decision-makers together to discuss resolution. DILLER LAW has had good success with these virtual mediations. “We will continue to be proactive for our clients while access to justice in the courthouse remains limited,” said Diller.

Posted in Diller Law News

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