09/29/2020
More news from last weeks Zoom Conference! Larry Watson from the Upchurch firm (Florida) reported that his firm is conducting 357 zoom mediations a month and has completed 1,788 since the pandemic. He reports no difference in the settlement percentage, most are of the hybrid nature where one or more participants is with their attorney or in the mediation center as opposed to all appearing from separate locations. The negatives being reported by attorneys include the loss of interpersonal relationships (no water cooler moments with opposing counsel), technical challenges, getting agreements signed in multiparty cases, and can't capture extra players on the sign-in sheet/confidentiality agreement.
John Miles of Miles Mediation & Arbitration (Atlanta, Savannah and Charlotte) reports settlement rates initially dropped but have returned to normal. The Atlanta office conducts 40 mediations per week and they have 16 mediators that conduct more than 10 mediations per month.
Don Philbin (TX) reports no change in settlement percentage.
Howard Vogel (TN) - no change in settlement percentage.
The positives reported from the panel include, now getting decision-makers at the mediation (always an issue in circuit), caucus works better as participants can get other things done and are not just sitting there waiting on the mediator, facial expressions and posture are actually better seen in zoom because the camera is directly in front, de-escalation techniques work better in zoom, zoom promotes pre-mediation meetings with the attorneys (on zoom) to practice the technology and talk with lawyers about the case, claims adjusters like working from home and a happy comfortable adjuster is always a good thing, some mediators are recording the settlement agreement (some states like CA and AZ consider a recording a writing).
Part Three - later