Conducting Divorce Mediation During COVID-19 Through Online Dispute Resolution
Mediation can benefit divorcing couples and their families by resolving disputes amicably. The emotional support, legal information and compassionate guidance of a divorce mediator can be invaluable. A significant advantage of mediation is that when the parties are able to reach a mutual agreement, it makes it easier moving forward. Further, couples are more likely to feel good about and abide by agreements reached through their own decisions than those issued by a judge.
However, with today’s current social restrictions, meeting in person may not be an option. Fortunately, there is technology available with the components attorneys can use to conduct mediation online: video conferencing, file sharing and a digital signature tool.
Attorneys utilizing internet-based information and communications technology such as Zoom, Skype and FaceTime are able to assist clients in resolving marital disputes through videoconferencing. Web-based mediation consists of all parties agreeing that no other individuals will be listening in or watching during the video call. It is the responsibility of the attorney-mediator to have knowledge of and comply with any state and county requirements and to effectively guide the couple through the all the steps in the mediation process, sometimes from filing through the final hearing.
An advantage of mediation through video is that it’s a flexible way for couples to discuss and negotiate their issues for divorce in a setting that works for everyone. It’s more immediate and intimate than email and phone calls, and it also allows the parties to feel as though they’re in the same room as their spouse, while still being able to walk off camera and take a break if necessary.
Another significant advantage of using the internet for mediation is secure file sharing. A divorce requires documents that contain sensitive personal and financial information that require secure connections. Services like Dropbox and OneDrive and others can be used to securely upload and download sensitive files. Besides the advantage of avoiding emailing such documents, these services have a digital signature tool. This means that parties can sign a document on the screen without having to print, sign and scan it back. An electronically filed document serves as the official record for the court and essentially treats the electronically produced document as the original. 
The Levy Craig family law team provides web-based video conferencing with our mediation clients; all it requires is that you have an internet connection. You can join from your desktop computer (provided it has a camera), tablet, or smartphone. Settlement documents can be digitally signed and transmitted.
As a mediator, Nathalie Elliott is skilled in helping families discuss options and craft solutions that are best for their family. Mediation via videoconferencing is a safe process and the agreements reached in mediation are not final until the parties have reviewed and signed the binding settlement agreement. Contact attorney Nathalie Elliott at 816-454-7474 for questions about mediation or to schedule a consultation.
