WHERE IS THE MOST EFFICIENT PLACE TO MEDIATE?
For Mediation to deliver, it has to be cost effective for jewelry disputes. For that reason [and others] Mediation is increasingly being done online through sophisticated and secure video conferencing resources.
Getting all parties, possibly their attorneys, and a Mediator together in one place at the same time for a day or three is challenging and expensive – particularly when a dispute is interstate, international, or even intercity.
Online Mediation may function in much the same way as ‘live’ Mediation does. All parties are online at the same time watching and listening to others’ talking, or speaking themselves. Or one of the parties may be placed on hold by the Mediator [only] while a private discussion is held with the other.
Everyone is ‘in session’ at the same time. This is synchronous online Mediation.
Online Mediation can also be asynchronous where participants can engage at times that work for them. It can, and usually is, a combination of the two.
Asynchronous Online Mediation strengthens the efficiency prospects of Online Mediation in general, and has other advantages that contribute to a successful outcome.
Disputants don’t have to be ‘in the same room’ as a counterpart if they are so uncomfortable that progress is compromised.
Differing time zones become less of a factor.
Private dialog with the Mediator can take place without the counterpart’s needing to wait around kicking their heels until that caucusing is finished.
It gives the Mediator time to think about, or consult with peers on the best course of action [while maintaining anonymity of the parties]
There is time for parties to improve the prospects of a win-win outcome.
- Prepare responses with due consideration.
- Reflect on the matter.
- Seek advice.
- Do the homework necessary to ‘reality check’ like finding out exactly what it might cost to litigate.
- Properly consider the ‘Best Alternative to a Negotiated Agreement’ – or BATNA. Online is the best place for Jewelry Industry Mediation to take place.