What Matters to Employment Attorneys When Considering Online or In-Person Mediation?

Abstract

During the pandemic, most employment mediations pivoted to online videoconferencing platforms such as Zoom and Teams. This study adds to the growing literature about how mediation format affects the process and outcome of mediation. We surveyed 174 attorneys about their experiences with online and in-person mediation in single-plaintiff employment cases over a one-year period. The results provide a nuanced glimpse into attorney perceptions of the two modalities, and well as the factors that might influence attorney advice to clients about whether to use in-person versus online mediation.

Keywords: zoom, employment mediation, employment litigation, EEOC, ADR, mediation, videoconference, ODR