41 Alternatives to the High Cost of Litigation 151 (Nov. 2023)
U of Maryland Legal Studies Research Paper No. 2023-19
Abstract
During the pandemic, most employment mediations pivoted to online videoconferencing platforms such as Zoom and Teams. This study adds to the growing literature about how mediation format affects the process and outcome of mediation. We surveyed 174 attorneys about their experiences with online and in-person mediation in single-plaintiff employment cases over a one-year period. The results provide a nuanced glimpse into attorney perceptions of the two modalities, and well as the factors that might influence attorney advice to clients about whether to use in-person versus online mediation. The study found that employment attorneys are comfortable with both online and in-person mediation. Attorneys rated the formats comparably for settlement rates and settlement values, and most process variables. Attorneys rated in-person mediation significantly higher on allowing attorneys to speak directly with opposing counsel without other present and engaging their clients throughout the session and rated online mediation higher for client’s convenience and allowing all people important to the dispute to participate. Attorneys were significantly more likely to agree that in-person (as opposed to online) mediators held private sessions with each attorney prior to the mediation, were able to handle parties’ emotions, and offered opinions about the merits of the case. More than half of the attorneys indicated they would be equally likely to recommend either mediation format, with other half almost equally divided between the two formats.
Eisenberg, Deborah Thompson and Shestowsky, Donna and Shestowsky, Donna and Niccolini, Robert, What Matters to Employment Attorneys When Considering Online or In-Person Mediation? (November 17, 2023). 41 Alternatives to the High Cost of Litigation 151 (Nov. 2023), U of Maryland Legal Studies Research Paper No. 2023-19, Available at https://onlinelibrary.wiley.com/doi/abs/10.1002/alt.22020