Modalities of Mediation: Reflections on a Dispute System Design Project During the Covid-19 Pandemic

Abstract

This Practice Insight presents a reflective analysis of a collaborative project launched in early 2020, initially aimed at comparing in-person, video, and telephone mediation modalities. That project shifted its focus to the implementation of remote mediation through videoconferencing during the Covid-19 pandemic. Through firsthand experiences and observations, this essay offers a unique, dual perspective: from within a U.S. Federal agency managing an established mediation program through the pandemic, and from within an academic clinic engaged in dispute systems design. These reflections on the 2020 project and its aftermath illuminate the challenges and learnings from transitioning to remote mediation, offering insights into adapting dispute resolution mechanisms to unforeseen circumstances and how technological change can spur new insights into general practices of mediation. This work not only contributes to the understanding of mediation modalities today but also underscores the importance of flexibility and innovation in dispute system design during crises.