Online mediation in Covid-19 context and beyond

Whilst there have been many practical obstacles associated with the isolation requirements of the Covid-19 pandemic, the social distancing requirements have led to more innovative processes in family law matters, in both proceedings and in matters that are being negotiated. The use of video-conferencing via Zoom and MicrosoftTeams and the like, has been widely embraced by the Family Court and the Federal Circuit Court, VicBar, practitioners, and clients.

Online mediations have been conducted regularly and successfully during the pandemic overcoming the impossible logistics of meeting in person with the mediator, lawyers, parties and counsel. The advances in technology and the features of the programs make it possible to still have the feeling of a face-to-face interaction.

Even with the pandemic aside, mediations conducted online are a great way to overcome the geographical constraints which are at times particularly relevant to those of us in regional Victoria. Parties can remain in the comfort of their own familiar surrounds, they have easy access to their personal documents, there are no requirements to travel and no costs to be charged by counsel or mediators for such travel.

There are also other advantages in that it provides parties with the ability to take time to consider their position without the added pressure of physically being near the other party or mediator and avoids the (often unfounded) concern that there will be a confrontation or outburst. It is particularly useful in matters involving allegations of family violence and perceived power imbalances where parties are can be overly stressed.

The “break out” features can provide lawyers and their clients the ability to take stock in between sessions and mediators can conduct the mediation in a “shuttle” style or in segments. Screens with property pools, offers and proposed Orders can easily be shared among participants.

The discovery of the effectiveness and efficiency of online mediations has been a great silver-lining of the necessary adjustments made in recent times. There is no doubt that the process will continue to be utilised and favoured in the post Covid-19 mediations.

As well as representing clients in mediations online, Marika McMahon (Director and Accredited Family Law Specialist) is an experienced mediator whom has embraced online mediations. If you would like to utilise Marika’s mediation services or to discuss the online mediation process, feel free to contact her at m.mcmahon@ofrm.com.au or on 03 5445 1045.