Handful of thoughts following my first remote mediation yesterday. A day of spirited negotiations and hardwork on all sides. Everyone participated with diligence and good will, so the following comments are thoughts on what we can do better (self included) not criticisms.

The tech side of things largely went smoothly, but there is a greater risk of things getting lost in translation with remote communications. We lost time due to confusion over numbers. I recommend reducing offers to written bullet points.

Sitting looking at a screen all day is extremely tiring and we were all Zoomed out and weary by the time that it came to drafting. Drafting in advance is even more important with remote mediation.

I personally think that there would be much to be said for parties producing draft settlement agreements reflecting their opening positions for circulation in soft copy format in advance.

I'd also recommend having a pre-mediation con on the day before rather than the morning of mediation to reduce fatigue on the day.

A collaborative approach is required in relation to issues likely to be emotive for lay clients on both sides. It is harder to offer emotional support over videoconferencing. We want everyone in the right frame of mind for settlement. Sensitive issues need to be raised early.

The drafting process can go a bit astray pinging things back and forth by email. Using Teams for document editing / messaging may reduce confusion in terms of which draft is the latest and avoid the need to move in and out of breakout rooms for discussion / to take instructions.

We need somehow replicate the focus that the need to catch the last train home brings to in person mediation. We ended up having a very late night, which is not ideal for anyone.