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Online Mediation Raises Concern About Multi-Jurisdictional Issues

Online Mediation Raises Concern About Multi-Jurisdictional Issues

From Mediate.com:  With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element (at times, unintentionally). 

In the past, a mediator and the parties could physically sit in the same jurisdiction, often where a court case was pending, and everyone knew or understood what laws, standards, and ethical considerations applied to the structure and process of the mediation. However, with each individual in a remote mediation process potentially located in a different jurisdiction, the lines have been blurred.

Mediators who engage in online program not only have to concern fact patterns for their specific cases, but also the need to resolve the existing difficulties of parties being physically located in different states and even in another country.

Under this extra complexity of the mediation, SubCommittee envisions three key components to a training program for mediators that will intentionally or inadvertently find themselves in a multi-jurisdictional mediation. These components include: (i) Understanding the different approaches and practices to mediation and mediation traditions; (ii) Being able to spot the multi-jurisdictional issues; and (iii) Understanding best practices to address the multi-jurisdictional issues.

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