-Maureen Erickson-Robertshaw | USA
The pandemic has unleashed untold misery around the world and effected changes in most industries; one such industry is mediation and alternative dispute resolution mechanisms. Mediation has seen an explosion of growth and has come to be embraced by most legal communities around the globe. While the reasons for this growth and acceptance are indeed varied, undoubtably, high litigation costs and unrealistically long wait time for court dates and judgements are two of the most conventional. In my area of expertise, family law mediation, many couples are choosing mediation over litigation due to the realization that litigation consumes financial and emotional resources, as well as not establishing a basis for the family to experience long term harmony or success. It is difficult to co-parent with someone after intense litigation. Mediation honors self-determination and the unique insights and knowledge that each party brings, which allows the parties to have the most control over the end results. When couples or businesses follow a litigation path, both parties surrender autonomy and neither party generally appreciates the outcome. Businesses and couples are recognizing why retaining this control and power over their futures is in both parties’ interests.
Prior to the pandemic, most mediation and arbitration sessions were held in person; it was rare for anyone to choose online ADR services. Most practitioners did not even offer online services, as they too believed in person sessions were more fruitful. The pandemic forced both ADR providers and the legal community to utilize online sessions. No one expected the results of these online experiments to permanently change the ADR landscape, but they have. Many attorneys and mediators now prefer online sessions and have claimed there are many benefits to utilizing this format. The obvious major benefit would be reduced costs for the clients as they no longer have to pay for travel costs for their attorneys or the mediators or arbitrators. The attorneys are happy not to have to factor in travel time and can move seamlessly from one session to another; the same is true for the ADR provider. Another benefit is that one’s choice for a mediator or arbitrator has increased exponentially. Pre-pandemic, clients, attorneys, and ADR providers were limited by their immediate geographic areas; this is no longer true. This is excellent for all involved as one can find the right professional, with the specialization or expertise required, without additional cost or travel. There are other, less obvious benefits as well. In my specialization, I work primarily with survivors of intimate partner violence, their children, and the abusive party; online sessions help clients be more comfortable than they otherwise would be in my office. In some of these cases, there is fear of physical harm, or just of being in close proximity to someone that has caused them distress. My clients can be in their own homes and this can lessen the emotional burden of meeting in-person, even if the in-person session would have had them in separate rooms in the same building. It is easier for these clients to have a support person with them, when the support person does not also have to be in physical proximity to the other party.
This change in mediation and ADR activities has also benefited students and new practitioners enormously. Prior to the pandemic, in order to be trained in mediation a student would have to travel and pay large fees for in-person training. This would often require long hotel stays as well which would be expensive. Now students can seek out the best mediators in the world and attend their trainings from the comfort of their own homes. The training fees have become much less expensive online versus in-person trainings. Students also benefit by being able to attend continuing learning education credit sessions taught by brilliant ADR practitioners in very niche specializations.
Post pandemic changes in the field of ADR have created benefits to the community at large, ADR clients, the legal community, and students. We are in a golden age of mediation and arbitration, and our global family is all the better for it.
Author's Information
Maureen is a Harvard Law School trained negotiator, family law mediator, custody evaluator, parenting time expeditor, Rule 114 qualified neutral, and parenting consultant. She has taught law students internationally in over 42 countries. Maureen is one of only two American mediators appointed to the Global Advisory Board for MediateGuru which operates in 100+ countries. She earned a certificate in Conflict Resolution from Cornell University and is a graduate of the Massachusetts’s Institute of Technology’s Sloan School of Management, as well as being an alumna of Harvard Law School’s Program on Negotiation. Maureen has studied theories of conflict at Mitchell Hamline Law School, guest lectured at the University of Minnesota’s School of Law, and holds a seat on the Minnesota State Bar Association’s Alternative Dispute Resolution’s Council. Maureen has presented on their behalf on intimate partner violence and mediation and has taught the same for the Mediation Center. She is currently a candidate for a Master’s Certificate in Human Behavior at Harvard University’s Extension School. Maureen is a co-author of the book, “For Future Female Leaders” and an editor of the upcoming second edition of, “A Pathway to the Future of ADR”. Maureen worked with high conflict families through the Wellstone Family Safety Program and trained in child growth and development, mental health support strategies, addiction dynamics, and de-escalation techniques. Maureen completed Minnesota State Supreme Court certified training in family law mediation and is on the Minnesota Supreme Court ADR Rule 114 Neutrals Roster. She is the mother of three rambunctious boys.
Email: m.ericksonrobertshaw@gmail.com
