Often, trust and estate disputes involve parties in different locations across the country, or possibly the world. It may not be practical to arrange for all individuals involved to be at the same location at the same time to mediate.
Technology allows mediation to take place online or over the telephone. This type of mediation is referred to as ‘virtual’ or ‘remote’ mediation. There are many advantages to mediating remotely such as:
- Staying in comfortable surroundings when discussing sensitive and personal matters relevant to the dispute, such as being in your own home. This can help you to be more relaxed when approaching a settlement
- Saving time and money on travel or expenses
- Knowing you will not bump into your opponent by accident if you do not want to see or speak to them
Mediators experienced with remote mediation are able to control the process to ensure that confidentiality is maintained. For example, by:
- Removing or restricting the software used to prevent the mediation being recorded
- Using encryption to protect online links and passwords
- Having a virtual waiting room and separate virtual rooms online to retain confidentiality between parties and their legal representatives
Refusing to mediate whether remotely or in person can have serious cost consequences if the case went to court. With our team’s expertise, we can advise you on the merits of your case and whether mediation would be appropriate in the circumstances. If you would like to discuss your claim or the mediation process further, please do not hesitate to contact us.