Remote Mediation: an Option to Keep Family Matters Moving During Social Distancing

Obermayer Rebmann Maxwell & Hippel LLP
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Obermayer Rebmann Maxwell & Hippel LLP

Covid-19 has created a new world order. With many courts closing their doors to the public for all but the emergent cases, some litigants are concerned that their case will stall. The necessity of social distancing raises new issues for families and family law attorneys seeking to resolve child support, custody and divorce matters. Interestingly, technology provides us with a new way to move forward. One option to keep a case moving toward a resolution is remote mediation.

“Mediation” is a process by which a mediator, a neutral participant, works with the parties to facilitate their efforts to reach a mutually acceptable resolution. Unlike traditional mediation, in which parties are all required to meet with the mediator in one location, remote mediation allows the mediator and the participants to remain in their respective offices or homes while they discuss the case. The mediator and participants utilize video teleconferencing for their meeting. The parties and mediator conduct the conference through a computer or telephone app. In addition to providing the option to meet collectively, many of the remote mediation platforms allow the parties and the mediator to share documents, calculations and written proposals, or even to speak privately in separate chat rooms. If parties are interested in finding a resolution, remote mediation may be a promising option.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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