Effective May 19, 2020, Ontario Superior Court Chief Justice Geoffrey Morawetz, by way of a Consolidated Notice to the Profession, has called “upon the cooperation of counsel and parties to engage in every effort to resolve matters. For civil proceedings, this includes attendance at mediation – whether prescribed or not – where a mediator is willing to engage in a virtual mediation”.
Virtual Mediation is now part of the “New Normal” of a post-COVID-19 Ontario justice system.
A mediation is virtual when all the participants do not attend in person. The most popular way to conduct a virtual mediation is by way of videoconference using an online platform such as Zoom (but not exclusively). Virtual mediation can also refer to mediations conducted by telephone and/or email – although these mediums often supplement a videoconference.
In light of the Court’s directive, three members of the Alternative Dispute Resolution Section Executive, who have been actively engaged in virtual mediations of civil disputes this Spring, share their thoughts about its benefits and challenges, as well as the circumstances where virtual mediation may actually be better than in-person mediation.
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