MEDIATION METRICS II: DEALING WITH ERRANT ZOOM STYLES IN VIRTUAL MEDIATION

ABSTRACT

This is the second in a series that examines emerging issues and opportunities in mediation. The need for social distancing over the past two years spawned a meteoric rise in virtual mediation to the extent that it is now the dominant form of alternative dispute resolution. Despite its efficiency and necessity at times, virtual mediation, now synonymous with Zoom mediation, presents new challenges for mediators. In particular, mediators have lost some control over social dynamics (Zoom dynamics). This paper examines a host of errant Zoom styles among participants that may plague the virtual mediation process. It offers a Personality-Based Model of Errant Zoom Styles as well as coping strategies for dealing with them. The extent to which mediators recognize and respond to these errant Zoom styles impacts the effectiveness of virtual Mediation. Recommendations and an update on mediation settlement rates are also provided.