MEDIATION can be a great option for resolving your ICBC claim. The goal of mediation is to bring the parties together—including an ICBC representative—to discuss the issues and try to reach settlement, with the guidance of a neutral mediator. Traditionally, “bringing the parties together” meant that everyone was physically in the same room. The technology for virtual mediation has existed for some time, but many ICBC claim lawyers were concerned that the mediation process would lose its effectiveness if not done face-to-face. The COVID-19 pandemic forced parties to embrace the use of technology and may have forever changed the way personal injury claims are handled.
Read moreVirtual Mediations – What to Expect
MEDIATION can be a great option for resolving your ICBC claim. The goal of mediation is to bring the parties together—including an ICBC representative—to discuss the issues and try to reach settlement, with the guidance of a neutral mediator. Traditionally, “bringing the parties together” meant that everyone was physically in the same room. The technology for virtual mediation has existed for some time, but many ICBC claim lawyers were concerned that the mediation process would lose its effectiveness if not done face-to-face. The COVID-19 pandemic forced parties to embrace the use of technology and may have forever changed the way personal injury claims are handled.
Read moreVirtual Mediations Are Fairly Effective
As numerous people within the legal profession know from firsthand experience, many court conferences, depositions, and mediations have been occurring remotely because of the COVID-19 pandemic. I have attended court conferences and depositions virtually throughout my career, since clients sometimes do not wish to pay travel time for such proceedings, and courts often permitted counsel to appear by remote means before the pandemic. However, I never participated in a virtual mediation prior to the pandemic, and I was extremely skeptical that they could be effective. Nevertheless, recent experiences have shown me that virtual mediations can be fruitful in the right circumstances.
Read moreTop 3 Misconceptions Attorneys Have About Virtual Mediation
Although largely unknown to the average litigant, alternative dispute resolution providers across the country have offered virtual mediation services for upwards of a decade. The sudden increase in the popularity of these virtual services is, of course, due to COVID-19. The pandemic’s restrictions on travel and in-person gatherings have brought virtual mediation to the forefront of litigation.
Read moreArbitration by Videoconference: Not as Scary as You Think
I have heard from many lawyers who have reluctantly adapted to virtual mediations that even though Zoom and other platforms work well for mediations, they do not work so well for arbitrations. These lawyers have asked that I postpone their arbitrations until the pandemic is over and we can arbitrate in person. My response is always the same: Tell me the date when the pandemic will be over, and we will arbitrate then. Of course, no one knows when that will be, and cases cannot sit idle forever. Slowly, and with a push from arbitrators, most lawyers have come to the realization that there is currently no alternative to arbitration by videoconference.
Read moreKWM on why virtual hearings are a “new and exciting phenomenon”
COVID-19 accelerated the number of parties choosing virtual hearings, but this is not the first time proceedings have been convened with the use of technology. Strain says: “For many years, where necessary and appropriate, the DIFC Courts have been willing to convene hearings of urgent applications by telephone, and have allowed witnesses to be heard remotely using video conferencing facilities, provided the ‘DIFC Protocol on Remote Witnesses’ is complied with.”
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