In the first half of 2020, there were suddenly a lot of articles about the benefits of Zoom mediations. We can all understand why this happened. We were in lockdown and if people did not like the idea of Zoom mediations, then mediators wouldn’t have much to do until the covid lockdowns were over. If we had known how long those lockdowns would last here in Victoria, there would have been even more of those articles.
Now that we’re allowed to get everyone together in the same room again, this is a good time to think about whether Zoom mediations are the way of the future or just something that we had to do for a while.
A few mediators I know were very happy to be able to get back to in person mediations. The reasons are obvious enough:
- As a mediator, it is vitally important to build rapport with all parties and to ensure that they feel heard. This is so much easier to do when you’re in the same room.
- A great benefit of mediation is that it causes people to focus on the dispute at hand and to confront the fact that if the dispute is not resolved, they will have to deal with it again when the matter comes to Court. It is easier to get people to focus on this when they are in the same room as the other party. It’s easier for people to feel one step removed from the dispute if they are at home in front of a computer that can be turned off at any time.
- In practical terms, it is much easier to get an agreement written up, finalised and signed when everyone is in the same building.
Even though the benefits of in person mediation are well known, there are some situations where using Zoom will be as good, or better, than an in person mediation.
There have been a number of studies on the effect of stress on parties involved in mediation.
This very useful article from Jill Tanz describes how stress causes the human body to produce adrenaline and Adrenaline levels drop fairly quickly after a reaction to stress, but cortisol levels are likely to remain high for several hours after a stressful event, especially when there are multiple stress triggers.
Adrenaline causes effects like an increased heart rate and sweaty palms, which means we’re usually aware if it’s effect. We are less likely to be aware of an increase in cortisol levels, because the signs are not as obvious. High cortisol levels can have a number of negative effects including:
- Parties, and their lawyers, become more likely to misinterpret the other party’s intentions and to perceive the other side’s behaviour as hostile
- Parties are more likely to overreact to an offer that they perceive as unreasonably high or low
- Men with high cortisol levels often become more fixed in their positions, and they are less likely to be able to see things from the other side’s else’s perspective
Stress triggers in mediation can include being in an unfamiliar setting and having to come face to face with a person with whom you have a history of conflict. If a party is at home and not in the same room as their opponent, the problems caused by high cortisol levels are less likely to arise.
There is also some evidence that zoom mediations may be more effective when dealing with people who have high conflict personalities. If a dispute gets to mediationm, it is likely that at least one of the parties involved has a high conflict personality, and it is possible that everyone involved in the dispute might fall into this category.
The benefits of a Zoom mediation for people with a high conflict personality include:
- People tend to behave better when they are on camera, particularly when they can see themselves on screen
- Zoom offers tools for dealing with situations where conflicts are escalating, such as quickly moving parties into separate virtual rooms, or, in extreme cases, temporarily muting that person.
- Even if a person’s behaviour is not improved, the other party is less likely to be affected by it. Aggressive behaviour is less likely to trigger a spike in cortisol levels when the person witnessing that behaviour is not in the same building.
In most cases, I prefer to run mediations in person, but when dealing with people with high conflict personalities, or cases where there has been a long history of conflict or threats have been made, a zoom mediation is often the safest and most effective approach to resolving the conflict.
Before arranging a mediation, take to the mediator about the issues and any concerns that you may have about being in the same room as the other party. This will make it easier for the mediator to help the parties to find the best format for the mediation, which means you will have the best chance of resolving the dispute and spending the time and money you save on something far more enjoyable.
If you have questions about the best way to approach mediation, you can ring me on 0417 017 053.